Leshay Klassen v The State

The appellant, together with three co-accused, was convicted of murder arising from a brutal group assault on the deceased, Joseph Mbane, in the early hours of 17 June 2006. The appellant and his co-accused chased the deceased, assaulted him repeatedly by kicking and punching him, and the appellant struck him with a snooker cue. Despite bystander intervention, the assault continued until the attackers left the deceased lying inert. He later died from severe injuries consistent with a prolonged beating. The offence attracted a prescribed minimum sentence of 15 years’ imprisonment under s 51(2)(a)(i) of the Criminal Law Amendment Act 105 of 1997. The trial court imposed the minimum sentence and, without conducting an inquiry, ordered that the appellant serve two-thirds of the sentence before being eligible for parole under s 276B of the Criminal Procedure Act 51 of 1977.

The appeal succeeded only in respect of the non-parole period. The order imposing a non-parole period under s 276B was set aside, while the sentence of 15 years’ imprisonment was confirmed.

The case reaffirms the strict procedural requirements for imposing non-parole periods under s 276B of the Criminal Procedure Act and confirms that failure to hold an inquiry constitutes a fatal misdirection. It also underscores that accused persons seeking deviation from prescribed minimum sentences must place relevant evidence before the court.