Selli v The State

The appellant was convicted on a guilty plea in a regional court on three counts: robbery with aggravating circumstances involving the use of a firearm, unlawful possession of a firearm, and unlawful possession of ammunition. He was sentenced to 15 years’ imprisonment for robbery, 5 years for unlawful possession of a firearm, and 6 months for unlawful possession of ammunition, all to run concurrently. The regional magistrate further ordered that the appellant serve at least four-fifths of the sentence (12 years) as a non-parole period. The appellant’s applications for leave to appeal against sentence were refused by the regional magistrate and, on petition, by the High Court. The matter eventually came before the Supreme Court of Appeal.

The appeal was upheld. The order refusing leave to appeal against sentence was set aside and replaced with an order granting the appellant leave to appeal against the sentence to the Gauteng Division of the High Court, Pretoria.

The case underscores the mandatory duty of sentencing courts to conduct a proper enquiry into substantial and compelling circumstances when applying minimum sentence legislation, and clarifies the limits of a court’s power to impose non-parole periods under s 276B of the Criminal Procedure Act. It also reaffirms the jurisdictional framework for appeals under the Superior Courts Act.