A university student won his appeal in Supreme Court yesterday against a three-month prison sentence for perverting the course of justice by giving a false name .

Codle Dowling, 22, of Granaway Heights, Southampton, had been arrested in July for not fastening his helmet properly.

But Dowling, who was driving while banned, made up a false name and was arrested two days later, pleaded guilty and was jailed in August by Acting Senior Magistrate Carlisle Greaves as well as getting a $500 fine for driving while banned.

He had served five days and was released pending his appeal.

In the Court of Appeal yesterday, lawyer Mark Diel said Dowling, who goes to university in Alabama, was sorry and fully aware of his actions.

Mr. Diel pointed to similar cases where people had been fined or given suspended sentences.

?It is not appropriate to sentence young Bermudians who have good prospects ahead of them to terms of imprisonment,? he said.

He added: ?If you uphold the decision he isn?t going back for the spring term, he?s going to Westgate.

?It is not going to benefit society, it certainly won?t benefit this individual. He has learned his lesson.?

Crown counsel Oonagh Vaucrosson said Dowling?s sentence had come at a time when there had been an influx of people trying to evade punishment by giving false names.

It had led to innocent people spending days in custody and clogged up court time until the innocent person was identified and cleared and the guilty person rounded up on a warrant.

Extra Police manpower had been used although Dowling was soon arrested, said Mrs. Vaucrosson.

?He gave his own date of birth, he was not that crafty in trying to evade Police.?

However Mr. Diel said Dowling had not been represented in Magistrates? Court and had made up a name rather than borrowing one and getting someone else into trouble.

Chief Justice Austin Ward said Dowling had already suffered a short, sharp, shock from his five days in jail.

?The appeal is allowed and the three months is quashed.?

But Dowling was given a $500 fine.