The High Court in Labasa has quashed an incorrect non-parole period for a yaqona (kava) thief, while upholding his custodial sentence for stealing plants valued at $3500.
Nacanieli Naqari, who pleaded guilty to stealing 12 five-year-old green yaqona plants worth $1200 and 23 four-year-old plants valued at $2300, was originally sentenced to 18 months and 19 days imprisonment, with a non-parole period of 15 months by the Savusavu Magistrate’s Court.
He challenged the sentence through a “Notice of Late Appeal,” claiming it was harsh and excessive. However, Justice Lee James Burney ruled on January 8 that there was no arguable merit in his grounds of appeal.
“Farm theft is a serious and increasingly prevalent offence, particularly the theft of yaqona,” Justice Burney said. He noted the magistrate had correctly weighed the appellant’s limited mitigation and appropriately avoided making the two sentences fully concurrent, which would have breached the principle of totality.
The judge found the only error was in setting a non-parole period that was not at least six months less than the head sentence. “The head sentence is unimpeachable. That shall remain undisturbed. I must, however, quash the erroneous non-parole period.”
Naqari has also been granted leave to appeal against his sentence.
