A 22-year-old man, who was convicted of assaulting a dog warden with a Samurai sword, should be out of prison in the early part of the new year after the Court of Appeals slashed a year off his sentence.

Jahni Bean was handed down two, 18-month prison sentences to run consecutively when he was convicted of assaulting a public officer in the execution of his duty and possessing a weapon.

Represented by lawyer Elizabeth Christopher, he appealed the sentence as excessive, arguing instead for a lesser sentence and a period of probation.

Ms Christopher told the court that while her client had pleaded guilty to the charges, the sentence was in excess of that meted out for assaults in which actual injury had occurred. She noted that the victim had suffered no physical injury and that a psychological assessment of her client had suggested that he needed help in dealing with some issues.

?The defendant pleaded guilty and what he was saying was that ?I did slap the man on his neck?,? Court president Edward Zacca said. ?Was he knighting him or something??

Bean, normally resident on Jones Lane, Warwick had pleaded guilty in March to assaulting Fabian Minors on December 9, 2003, but the defence took issue with the Crown?s summary of the incident and a Newton hearing was held before he was sent to the Supreme Court for sentencing.

?Mr. Minors said that he was hit with some force, but it was some force that left no mark, no bruising, no swelling,? Ms Christopher said. But the judges pointed out that considerable trauma was caused and that the case was aggravated by the fact that he had attacked a public officer and had two previous convictions of a similar nature.

Ms Christopher said Bean had previously spent more than 15 months in prison awaiting a trial for a case in which he was ultimately acquitted, and that he had come to a realisation, as a result of the most recent case, that he had some psychological issues that he needed to deal with.

It was also unclear whether he had received any discount for his guilty plea, as Bean received close to the maximum sentence.

Having been examined by psychologists, he now appreciated what he needed to do to get his life back on track, Ms Christopher said. She also argued that the sentences should not have been imposed consecutively. ?It?s not as if he was walking around with the weapon and on the occasion decided to use the weapon,? she said.

After learning that his dog was being impounded, Bean had left a friend?s house, retrieved the sword and approached the warden, Justice Zacca said. ?Instead of going down there to talk to the warden, he gets the sword and threatens him. Why did he need to take the weapon there??

Prosecutor Anthony Blackman argued that the Chief Justice had properly decided the sentence after considering the aggravating circumstances. ?He could have taken something else, he took the sword,? Mr. Blackman said. ?He pulled it out and he used it.?

?It is quite clear that this appellant has no respect for authority,? Justice Zacca said. He said the court agreed that the sentences should run consecutively, but had decided that Bean?s sentence for possessing an offensive weapon should be reduced to six months since he was entitled to a discount for his guilty plea.

?You cannot go about assaulting Police officers and other officers who are trying to do their duty,? Justice Zacca said. ?You have to try and restrain yourself. There are other ways of doing things.?

Bean had already served 11 months of his sentence.