A MAN convicted of aggravated robbery has had his prison sentence reduced by six months after the High Court found that the magistrate failed to account for the time he had already spent in custody before trial.
Justice Lee James Burney allowed Saimone Banuve’s appeal against sentence after the court was told he spent six months in remand from August 26, 2019 to February 26, 2020.
Banuve was convicted of aggravated robbery following a trial and sentenced last year to 24 months’ imprisonment with a non-parole period of 12 months.
The judge found it was an error of law for the magistrate not to expressly consider the six months Banuve had spent in remand, as required under section 24 of the Sentencing and Penalties Act 2009.
The court noted the magistrate may have not been made aware of the appellant’s earlier period in custody.
The court quashed the original sentence and substituted it with 18 months’ imprisonment, with a non-parole period of six months, effective from July 21, 2025.
