A man who escaped prison after admitting to chopping three men with a Samurai sword in the Fairylands neighbourhood is today behind bars after Appeal Court judges dismissed his original sentence.

In front of a court room packed with his supporters Chase Burgess was jailed for 15 months after the Director of Public Prosecutions Rory Field argued that the sentence should have been longer and the original trial judge did not appear to treat the case as serious.

Burgess, 21 at the time of the offence, of Crisson Avenue, Pembroke, along with his brother Marcus Burgess, 23, and Kyle Tavares, 20, attacked another group of men in a feud over a woman.

The men went to Point Shares, Fairylands, driven by Marcus Burgess in his mother's car as a result of a phone call from 19-year-old Gregory DeMelo.

They confronted Mr. DeMelo, his brother Andrew DeMelo, 21, plus Cory Paiva, Justin Lindo and Jordan Hill-Kane who were all teenagers or aged in their early 20s.

The Supreme Court heard last July, Chase Burgess left the car brandishing a Samurai sword and its case, while Tavares and Marcus Burgess wielded pieces of wood, and Marcus Burgess also had empty beer bottles.

A black man, who was armed with a metal bat and whose identity is unknown to Police, snatched a gold chain from Gregory DeMelo.

Next, Chase Burgess took out the sword, pointed it at the other group, and asked "who wants to get chopped?" before hitting Gregory DeMelo on the forearm with the blade of the sword and using the case to strike him on the head. He also attempted unsuccessfully to hit him several more times with the blade.

Chase Burgess also swung the sword at Mr. Paiva's face — with the victim suffering lacerated fingers when he tried to protect himself — and held the sword to Andrew DeMelo's face, according to the prosecutor. Mr. DeMelo suffered lacerated fingers trying to defend himself.

Meanwhile, Tavares hit Mr. Hill-Kane twice on the arm and Marcus Burgess threw a beer bottle at Mr. Paiva, grazed Mr. Lindo's ear and struck Mr. Hill-Kane on the leg. Mr. Paiva needed stitches for his hand injuries, Gregory DeMelo needed staples in his arm and head, Andrew DeMelo required stitches to his fingers, and Mr. Hill-Kane suffered bruising.

Chase Burgess was given 12 months for wounding with intent, six months for unlawful wounding and three months for going armed in public, all suspended, by Puisne Judge Charles-Etta Simmons. She also ordered him to pay a total of $4,385 to the victims in compensation and complete 100 hours of community service.

But in the Appeal Court yesterday, Mr. Field argued the sentence should have been longer and said the judge didn't seem to treat the case as serious as it was.

Mr. Field said the men came prepared for the altercation. "They came out with Mr. Burgess armed with a Samurai sword. This wasn't a kitchen knife. Mr. Burgess didn't strike just once. There were several strikes with this Samurai sword."

He also said one of the victims, Andrew DeMelo had two of his fingers severed resulting in nerve damage and was no longer able to use them.

"When somebody gets out of a car armed with a samurai sword, not only were they intending the attack but there could be lifelong injuries. This wasn't a freak accident," said Mr. Field.

He argued the sentence should have been an immediate custodial sentence between three and five years and said 12 months would have been very low.

Defence lawyer Mark Pettingill said although his client was of legal age, he came before the court as a boy with no previous convictions. He argued Chase Burgess is not a threat to the community and not likely to be before the courts again.

He said because his client pleaded guilty, that should be taken into account along with the fact that he had completed 45 hours of community service.

"To send him to prison at this stage will have a potentially detrimental effect. This is a young man who has followed exactly the direction of the Supreme Court," he said.

Court of Appeal President Edward Zacca vacated the original sentence and gave Chase Burgess 15 months imprisonment.