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 a total of seven years, six months, and six days in prison, with a non-parole period of seven years. Bari appealed the decision, arguing that assigning a non-parole period so close to the head sentence undermined his chances for rehabilitation.
Justice Isikeli Mataitoga, in his ruling 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 this basic purpose of sentencing.” He described the initial decision as fundamentally flawed and requested that the Court of Appeal be allowed to correct this error. Justice Mataitoga expressed his belief that the non-parole period established in this case was incorrect in light of the applicable legal principles.