The High Court in Labasa has officially annulled an erroneous non-parole period for a yaqona (kava) thief while maintaining his custodial sentence for stealing plants valued at $3,500. Nacanieli Naqari admitted to stealing 12 five-year-old green yaqona plants, which were valued at $1,200, along with 23 four-year-old plants priced at $2,300. Initially, he was sentenced to a term of 18 months and 19 days imprisonment, which included a non-parole period of 15 months set by the Savusavu Magistrate’s Court.
Naqari contested the severity of his sentence by filing a “Notice of Late Appeal,” asserting that the punishment was excessively harsh. However, on January 8, Justice Lee James Burney ruled that the grounds for his appeal lacked merit. He highlighted the increasing prevalence of farm theft, particularly involving yaqona, as a serious offense. Justice Burney emphasized that the magistrate had properly considered Naqari’s limited mitigating circumstances and correctly avoided making the two sentences fully concurrent, adhering to the principle of totality in sentencing.
While Justice Burney deemed the head sentence appropriate and undisturbed, he noted an error in the non-parole period, which should have been at least six months shorter than the head sentence. As a result, the incorrect non-parole period has been quashed. Importantly, Naqari has also been granted permission to appeal his sentence, leaving the door open for further legal examination.
This ruling underscores the judiciary’s commitment to addressing agricultural crime while ensuring that sentencing practices align with legal standards. It highlights the importance of fairness in the judicial process and the protection of local farmers’ livelihoods.
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