THE STATE v FREDDY TOGAREPI

Key Issues

• {"issue_text":"Whether the trial court erred in imposing a sentence above the mandatory minimum of nine years imprisonment for stock theft","issue_type":"law","dispositive":"yes","related_facts":"The trial court imposed a sentence of ten years effective imprisonment despite no special circumstances existing"}
• {"issue_text":"Whether aggravating factors justify a sentence above the mandatory minimum","issue_type":"law","dispositive":"yes","related_facts":"The trial court cited non-recovery of the beast, benefit to the accused, and commission out of greed as justification"}
• {"issue_text":"Whether the court can suspend a portion of a mandatory minimum sentence for restitution purposes","issue_type":"law","dispositive":"yes","related_facts":"The trial court suspended one year for restitution"}

Background