Lawyers yesterday took pot-shots at a Government move to slap mandatory life sentences on gun-toting criminals.

Some labelled the proposed sentence "draconian'', believing current powers were strong enough.

Others feared Public Safety Minister Quinton Edness' idea would stir up injustice -- with people convicted of manslaughter getting off lighter than armed robbers.

"I think this is just a political reaction to the problem,'' said Philip Perinchief, who stood as a Progressive Labour Party candidate in the 1993 general election.

"I reckon judges are in tune with what is happening in the community and we should not take away their discretion.'' Former Attorney General Saul Froomkin said: "I believe the present provisions in the law are sufficient, if they are used.'' Richard Hector understood Government concern about handguns, but added: "I think when he has time to reflect on the situation he might have a different point of view.'' Victoria Pearman asked: "Is the Minister proposing the sentence for simple possession of a firearm, as opposed to actually firing one? "Is he proposing that someone who fires a warning shot should receive the same penalty as someone who actually kills a person with a gun? What about the person who enters a place waving a gun? What sentence does he get? "There is a world of difference in the levels of culpability in these scenarios.'' Shadow Public Safety Minister Alex Scott, meanwhile, voiced caution before rushing through new laws -- although he appreciated concern about violent crime.

"It has to be observed that tougher legislation doesn't necessarily result in diminishing use of firearms.

"If so, Governments would have legislated crime out of existence.

Nevertheless the PLP would consider any legislative initiative on its merit.'' This week, Mr. Edness said he was considering bringing legislation before Parliament that would impose a mandatory life sentence on any person convicted of committing a crime using a handgun.

"I think all of Bermuda would support that. Bermudians do not like firearms and they don't want people using them in the community.'' He added the onus would be on each Bermudian family to inform on friends and relatives who own handguns.

Mr. Edness also said he would not rule out another handgun amnesty.

"I think the recent changes to the laws regarding handguns were quite strong for those caught in possession of such weapons.

"But what we did not do is say if anyone was caught using a firearm then that would be a mandatory life sentence without question if they were convicted.

"Government wants to send the message to everyone that if a person is caught and convicted of using a handgun to commit a crime then the punishment is life in prison.'' Mr. Edness said he expected support for the measure from the PLP and the community.

Lawyer Mr. Mark Pettingill agreed with the need to take a firm stand with guns.

But sounded a note of caution about mandatory life sentences.

"I think the Minister's points were very well-founded. If it's becoming a problem it means the current sentencing policy -- and sentencing should be a deterrent -- isn't deterring people enough.

"But sentences for handguns are already high -- you get ten years minimum, I believe.

"If someone is willing to take a chance on a ten-year sentence, you have to ask whether they are going to take the same chance on a life sentence.'' Mr. Pettingill said mandatory life sentences could also create anomalies.

For instance, a knifeman could get seven years for manslaughter, while a man convicted of robbery with a gun could get life -- even though he did not kill anyone.

"I tend to agree the situation of guns needs to be addressed and you have to look at tourism and the safety of the public.

"Mandatory life sentences may well be something worth looking at.'' Mr. Froomkin said he brought in mandatory minimum sentences for handguns as Attorney General.

He understood the mandatory minimum term for a first handgun offence was still ten years.

And the sentence for a second was 20 -- to run consecutively to any other offences.

"I've never seen any amendments to these sentences, so presumably they still stand.

"It's just a question of whether the Crown proceeds on charges as separate firearms offences.

"I think the present penalties are sufficient to punish most offenders.'' He added: "Obviously the Minister is concerned as is everybody about handguns, but I'm not sure whether he has been made aware of present provisions.'' Mr. Perinchief said he could not support the suggested sentences.

"They are far too draconian. I think the Minister is in election mode. It's better to leave this thing to the judges.'' Legal eagles swoop From Page 1 Mr. Hector believed guns were symptomatic of a deep problem in Bermuda society.

And methods of combating it were worthy of discussion.

"The Minister realises this problem seems to be getting out of hand.'' Urging caution, Mr. Scott said the proposed life sentences would overtake the penalty for manslaughter.

"Someone could kill someone and get five to six years and for possession of a gun get life.

"There have been instances of people guilty of murder in the second degree getting out after eight years.

"The criminal element rarely considers the legislative consequence of his actions.'' Mr. Scott also warned witnesses to crimes involving guns could be placed at risk by any tougher penalties.

"We will judge legislation on its merits, but I don't think any one initiative will accomplish the objective of getting guns off the streets.'' Mr. Scott said Police Commissioner Colin Coxall's shake-up of the Service had failed to boost the presence of officers in the community -- an important weapon in the fight against crime involving guns.

"I don't think we have seen any great increase in presence of Police on the beat, on the street and in the community. This a question about deployment of resources.

"Mr. Coxall also came to Bermuda with a reputation of having had a background in dealing with terrorism.

"We certainly would like to hear what methods are used in the UK because their officers, like ours, are unarmed. How do they detect and deter those would-be perpetrators of crimes against the Police and the community?'' In 1995, the House of Assembly responded to a rise in crime by passing tough new firearms penalties.

Premier Sir John Swan introduced the Firearms Amendment Act 1994, which: Increased the minimum prison sentence from five years to ten for first time offenders convicted on indictment (in Supreme Court) of possessing, importing, carrying, manufacturing, repairing or supplying a gun or ammunition; Would make those convicted for a summary firearms offence (in Magistrates' Court) for the first time liable to receive a prison term of up to five years and/or a fine up to $10,000. Currently, a first summary conviction brings up to two years in prison and/or a fine of up to $5,000; Left unchanged at ten to 20 years in prison for a first offence and 20 years to life for a second penalties for using a firearm while committing or attempting to commit an indictable offence; Introduced a penalty of 12 to 17 years in prison for conviction on indictment for supplying firearms to someone under 17.

Quinton Edness Saul Froomkin