High Court corrects sentencing error

A sentencing error has been corrected by the High Court in Labasa after it found that a farmer convicted of aggravated robbery had spent six months in custody that was not considered during the original sentencing.

Meli Kisoko appeared before Justice Lee James Burney to appeal the sentence imposed by the Magistrate Court, arguing that the time he spent on remand pending disposal of his case should have been taken into account.

Kisoko was sentenced on July 21, 2025, to three years’ imprisonment with a non-parole period of 18 months after being convicted of aggravated robbery.

The High Court heard that the Magistrate Court had considered the relevant sentencing guideline and imposed a sentence below tariff due to a six-year delay in the matter and Kisoko’s age of 20 at the time of offending.

However, his appeal was based on the sole ground that the magistrate had erred in law by failing to consider the period he spent in custody before the matter was finalised.

Justice Burney said it appeared the magistrate was not aware that Kisoko had spent six months in custody pending disposal of the case, from August 26, 2019, to February 26, 2020.

Legal Aid Commission lawyer Iosefo Rusaqoli, who represented Kisoko, confirmed the period spent on remand.

The High Court allowed the appeal against sentence.

Last Thursday, Kisoko was sentenced to 30 months’ imprisonment with a non-parole period of 12 months, effective from July 21, 2025.