Magistrate calls for tougher sentences
Family Court Magistrate Carlisle Greaves has blasted soft laws which restrict him to handing out unrealistically low fines.
Mr. Greaves made the comments after fining a 14-year-old just $168 -- the maximum allowed under the Young Offenders Act -- after he admitted five motor bike offences.
The teen had been spotted riding on the pavement on Par-la-Ville Road in October last year.
He swerved in front of the Police car and then sped off to Serpentine Road where he dropped the bike and ran off to the BAA field where he was found by Police.
In Family Court yesterday he admitted taking the bike without the owner's consent in Sandys, giving a false statement, failing to stop for Police, riding without insurance and driving while disqualified because he was under age.
His lawyer Wilhem Bourne said: "It is a kid's prank but that is no excuse. In Bermuda it seems like every kid goes through this stage. It is unfortunate but that's the reality.
"Strictly speaking it wasn't stealing -- there was no intention to deprive the owner of the bike permanently.
Mr. Bourne said the boy had expressed remorse and his learned his lesson. He said: "His parents will get him a job in a supermarket. Don't make the fine too onerous.'' Mr. Greaves said: "The fine is under the law. This court finds itself in a position which is really difficult to function with this legislation.
"I don't know what's the intention -- I don't know what to say about it -- I can see no message in the legislation when I look at the amendments to the Young Offenders Act.
"The powers that be must determine if it's the right message with fines of $168.'' His thoughts were echoed by a Police insider.
He said: "I am in support of Mr. Greaves. Sentencing powers are grossly inadequate and have been for some time.
"There are also difficulties where there are limited facilities for keeping those serious offenders under lock and key.'' Shadow Home Affairs Minister Michael Dunkley also said sentences needed to be updated.
He said: "This problem has come to my attention repeatedly.
"The whole system of sentencing needs to be looked at. Many of the rules have been on the books for many years so the dollar value is so far out that it's laughable.
"I support the justice of the family court. The fines need to reflect the day and age we are living in.'' Mr. Dunkley said a major overhaul of legislation was necessary to remove anachronisms and unrealistic actions.
He said: "I was looking at the fraud legislation in relation to the pyramid schemes and saw fines of $100 and $150 for serious offences. But that's nothing -- you get a fine of $50 for a parking ticket.
Mr. Dunkley said one way to keep legislation relevant would be to review an Act in its entirety every time an amendment was made and throw out or update sections where necessary.
