The Fiji Court of Appeal has determined that the establishment 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 seven years, six months, and six days in prison, which included a non-parole period of seven years. Bari appealed, arguing that the non-parole period set too close to his head sentence hindered his chances of rehabilitation.
Justice Isikeli Mataitoga addressed this issue in a ruling on August 2, stating that such a close fixing of a non-parole period undermines the fundamental objectives of sentencing. He declared the previous decision to set the non-parole period was a mistake according to relevant legal principles and granted permission for the Court of Appeal to correct this error.