|
Citation
|
Judgment date
|
| May 2018 |
|
|
DPP's written certificate must identify the specific pending criminal case; otherwise it is invalid and bail hearing proceeds.
Bail — DPP's certificate under s.36(2) EOCCA — validity tests: (1) in writing; (2) states safety/interests of Republic likely prejudiced; (3) must relate to a pending criminal trial or appeal; (4) vitiated if DPP acted in bad faith or abused court process — pari materia with s.148(4) CPA not automatically applicable; no affidavit required for certification.
|
21 May 2018 |
|
High Court granted bail in narcotics possession matter, finding jurisdiction and imposing strict surety and travel conditions.
* Bail – High Court jurisdiction to entertain bail where quantity of narcotics exceeds District Court jurisdiction; * Bail in narcotics possession – conditions to ensure attendance and public interest; * Application under Economic and Organized Crime Control Act and Drug Control and Enforcement Act; * Unopposed bail application where prosecution did not file a counter-affidavit.
|
18 May 2018 |
|
A valid DPP certificate denying bail (including during committal) precludes the High Court from determining the bail application.
* Criminal procedure – Bail – DPP certificate under section 36 EOCCA – validity requirements and effect on bail applications; interpretation of "pending trial" to include pre-trial/committal proceedings – formality of official crested paper not fatal to certificate's validity.
|
18 May 2018 |
|
High Court properly entertained bail under the Economic and Organized Crime Control Act and granted bail subject to specified conditions.
* Criminal procedure – Bail – High Court jurisdiction under the Economic and Organized Crime Control Act to entertain bail applications for offences in Resident Magistrate’s Court. * Bail conditions – monetary bond, local sureties, attendance obligation, restriction on movement, and approval of sureties by Resident Magistrate. * Offences – unlawful possession of government trophies and firearms.
|
18 May 2018 |
|
A valid DPP certificate (even with a minor typographical error) precludes grant of bail pending trial.
Bail — DPP certificate — validity requirements (written, prejudice to state interests, relates to case pending trial/appeal) — minor typographical errors curable — "pending trial" includes committal/pre-trial stages — valid DPP certificate precludes bail.
|
18 May 2018 |
|
Application to vary bail struck out for being improperly grounded and supported by a defective affidavit.
Bail — Variation of bail conditions — Procedural prerequisites — Properly moved application — Economic and Organized Crime Control Act ss.36,37; Criminal Procedure Act ss.148(3),150 — Defective affidavit and verification clause — Application struck out.
|
16 May 2018 |
|
Applicant charged with narcotics trafficking granted bail after expungement of improper affidavit paragraph and subject to conditions.
* Criminal procedure – Bail application – Illicit trafficking in narcotic drugs – Offence bailable; prosecution’s non-objection – Court grants bail with conditions.
* Civil procedure – Affidavit practice – Affidavit must not contain legal argument or provisions of law; offending paragraph expunged but affidavit remains valid.
* Bail conditions – Monetary bond; two sureties (one resident within jurisdiction); approval of sureties by magistrate/deputy registrar; obligation to attend trial.
|
15 May 2018 |
|
The Corruption and Economic Crimes Division has jurisdiction to hear bail applications under EOCCA ss.29(4)(d) and 36(1).
Constitutional/Statutory interpretation; EOCCA s.29(4)(d) and s.36(1); Corruption and Economic Crimes Division jurisdiction; purposive interpretation to avoid absurdity; preliminary objection on jurisdiction.
|
8 May 2018 |