Simelane And Another v The King (8 of 2019) [2020] SZSC 71 (23 April 2020)

Case summary

Criminal procedure - Bail - Schedule 5 listed offence - Murder, premeditated and in furtherance of common purpose - Exceptional circumstances to be established by accused -Accused HIV positive and on Antiretroviral treatment.  Bail -Accused charged with premeditated murder in furtherance of a common purpose; Accused alleging to be HIV positive and on Antb:etroviral medication and that HIV/Aids is a terminal illness and continued confinement in inhospitable Remand Centre likely to worsen his health status; Bail application denied by High Court;  Held, Accused failed to establish existence of exceptional circumstances as envisaged under section 96(12)(a) of the Criminal Procedure and Evidence Act, 1938, as amended, to justify his release on bail in the interests of justice. Bail application dismissed. 

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