The Fiji Court of Appeal has determined that the imposition of a non-parole period in a rape case was incorrectly handled by the High Court. Setoki Bari was sentenced on April 6, 2023, to a term of seven years, six months, and six days in prison, accompanied by a non-parole period of seven years.
Bari contested this decision, arguing that the non-parole period was set too closely to the main sentence, which he claimed hindered his chances of rehabilitation. Justice Isikeli Mataitoga, in a ruling delivered on August 2, stated, “The fixing of a non-parole so close to the head sentence as in this case, according to the appellant, frustrates the basic purposes of sentencing.” Justice Mataitoga deemed this approach to be fundamentally flawed and requested that the appeal court examine the matter to correct the oversight. He affirmed that the established non-parole period in this instance was made in error of relevant legal principles.