The Fiji Court of Appeal has determined that the High Court erred in establishing a non-parole period in a rape case. Setoki Bari was sentenced on April 6, 2023, to a total of 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 close proximity of the non-parole period to the head sentence hindered his chances of rehabilitation.
Justice Isikeli Mataitoga, in a ruling on August 2, stated, “The fixing of a non-parole so close to the head sentence as in this case frustrates the basic purposes of sentencing.” He concluded that the decision made in this case was based on an error regarding relevant legal principles and requested that the Court of Appeal be allowed to correct this mistake.