The Fiji Court of Appeal has determined that the High Court made an error in establishing a non-parole period in a rape case. Setoki Bari was sentenced on April 6, 2023, to seven years, six months, and six days in prison, with a non-parole period set at seven years. Bari appealed the decision, arguing that the non-parole period was set too close to the main sentence, which undermined his chances for rehabilitation.
In the ruling made by Justice Isikeli Mataitoga on August 2, he stated, “The fixing of a non-parole so close to the head sentence as in this case, according to the appellant frustrates this basic purpose of sentencing.” He indicated that this approach was fundamentally flawed and sought to allow the appeal to correct this mistake. Justice Mataitoga expressed his confidence that the non-parole period established in this case was determined in error based on relevant legal principles.