Naikabula Murderer Granted Leave to Appeal 18-Year Term, Not Conviction
The Fiji Court of Appeal has allowed leave to appeal against sentence for a murderer who killed a man in 2014 while trying to rob him.
However, the leave to appeal against conviction has been refused.
This is in the case of Suliasi Nasara who was convicted for murder and aggravated robbery and jailed to mandatory life imprisonment with a non-parole period of 18 years on murder.
For aggravated robbery, Nasara was jailed to 10 years and nine months imprisonment with a non-parole period of nine years, and both sentences were to run concurrently.
On the night of November 16, 2014, Nasara had hired the deceased, Nitin Navinesh Kumar’s carrier, on the pretext of going home, from Lautoka City and directed him to Naikabula.
At Naikabula, Nasara attacked Mr Kumar with a wheel spanner and struck him several times on the head until the deceased dropped to the ground.
While Mr Kumar was lying on the ground motionless, Nasara struck him three more times on the head. He then took Mr Kumar’s vehicle and removed the radio.
Acting Resident Justice of Appeal, Justice Chandana Prematilaka said having considered the provisions of Sections 4 and 15 of the Sentencing and Penalties Act, facts and circumstances of the case, aggravating circumstances, and mitigating factors, the trial Judge had imposed the minimum serving period of 18 years.
He said however, the trial Judge did not seem to have set out as to what matters were considered in deciding whether to set or not to set a minimum term in the first place.
“I think that there is a need for the Court of Appeal or the Supreme Court to give some guidelines (i) as to what matters should be considered by the trial judge in deciding whether to set a minimum term and (ii) as to what matters should be considered when determining the length of the minimum term in sentencing an accused under section 237 of the Crimes Act,” Justice Prematilaka said.
“I am inclined to allow leave to appeal against sentence so that the full court inter alia could consider the issue relating to the minimum serving period of 18 years.”