Assistant Justice Archibald Warner has called for tougher sentencing laws for violent criminals after jailing a machete attacker for four years yesterday.

Micah Straw, 26, of Longridge Pass, Devonshire, was sentenced to four years in prison for the July 14 attack on Eversley Emery, a friend he was living with at the time.

In October, Straw pleaded guilty to causing grievous bodily harm when he appeared in Magistrates' Court.

But Magistrate William Francis sent the case to the Supreme Court for sentencing because he felt that his powers for sentencing would not be sufficient.

Crown counsel Wayne Caines told the Supreme Court yesterday that Mr. Francis could have only sentenced Straw to one year in prison, while in the Supreme Court he could be sentenced up to five years.

Representing Straw, lawyer Mark Pettingill said that he felt it was a little unfair that his client was expecting a sentence of a year and was now faced with an even greater sentence.

But Mr. Justice Warner said it was the right of the magistrate to send offenders to the Supreme Court for sentencing, if he felt his powers of sentencing were not great enough.

Mr. Caines said Straw had been staying with the complainant when the incident occurred in July.

He said Straw had turned up at Mr. Emery's window at 4.45 a.m. with two women.

Mr. Emery let him in, but told him that the women could not stay.

Straw then jumped him and punched him in the face, grabbed a machete and chopped him on the leg and on the left hand.

Mr. Emery escaped to a neighbour's house and was taken to King Edward VII Memorial Hospital for treatment. Straw went to the hospital in the morning, was arrested by Police and later admitted that he was responsible.

The victim suffered a three-inch gash on his left hand, a small cut to his right knee, a four-inch cut to his left calf and a bruise to his right eye. The wounds required surgery.

In a victim impact statement Mr. Emery said that he had still not gained the use of his hand, he was now paranoid, and that he had lost earnings because he was off work for a month.

After citing several similar cases Mr. Caines said: “It is the Crown's submission that sentencing is in the best interest of the defendant and the general public.

“You will hear that he (Straw) has taken up anger management training and the necessary counselling, but we cannot tolerate such behaviour in the community. He has a plethora of offences dating back to 1994.”

Mr. Pettingill said: “Be that as it may, we are a little bit baffled. We went to Plea Court and then we are kicked up here for sentencing.”

Assistant Justice Warner said: “There was nothing improper about this.”

Mr. Pettingill said: “The Crown decided to prosecute the matter summarily and this defendant pleads guilty saving a Supreme Court trial.”

“The Crown may manoeuvre the law and do it on the cheap - so to speak.”

Mr. Warner said: “He was given the option and he elected a summary trial.

“But he should have been told that notwithstanding his election, if the magistrate found that his powers were inadequate that he could be sent to the Supreme Court for sentencing.”

Mr. Pettingill said: “He pleaded guilty thinking that he was going down for a year and now he is faced with five.”

Mr. Pettingill said his client now has a young child and had made ardent steps to change his life. Although his client still has problems with alcoholism and was drunk during the attack, Mr. Pettingill said he is trying to change his life and could do without another custodial sentence.

But Mr. Warner said that being drunk was no excuse or defence.

The court heard that Straw had several previous offences of a like nature and also one for kidnapping his ex-girlfriend in 2001.

Straw told the court that he had changed his life and wanted to continue on with his current treatment, because prison had never helped him. He said he had changed his life and wanted to set an example for his young son.

“I do not want my son visiting me in prison, because what would that show him?” said Straw.

“I didn't mean to cut him, I was trying to hit him with the dull side of the machete.”

But the Assistant Justice asked: “What did you think was going to happen when you hit him with a machete?

“The Court of Appeal noted in 1994 that there was a fear among Bermudians about violent crime and the sentencing that the courts could give was inadequate,” said the Assistant Justice.

“The same sentiment is being echoed here. Nothing has been done. So how can they be serious that it (the sentencing) is to be used as a deterrent?”