John Mswani and others v. R., Misc. Crim. Cause, 19-D-69, 16/12/69, Georges C. J.

John Mswani and others v. R., Misc. Crim. Cause, 19-D-69, 16/12/69, Georges C. J.

This is an application for bail. The applicants appeared first on charges involving theft from the High Court. They were given bail. Shortly after they appeared again on charges involving forgery of a cheque stolen from the High Court. They are now applying for bail again. There is evidence that they may have committed the second alleged offence while on bail for the first.

            Held: “I accept the principles laid down in R. v. Abdullah Nassor (1945) I Tanganyika Law Reports 289. The Court held there were factors to be taken into account other than the seriousness of the charge, the strength of the evidence in support and the severity of punishment involved. The cardinal principle was whether the granting of bail would be detrimental to the interests of justice and good order. In my view, the likelihood of the applicants committing offences of a similar nature when on bail is a factor to be taken into account …. There is evidence indicating that the applicants may have committed an offence while on bail for another. This appears to me to be a good reason for refusing bail unless there are circumstances which would make it inequitable to do so. If for example the police take an inordinate time to complete their investigations and presents the cases then clearly there will be need for review and the applicants could apply again.” Application refused.