yesterday by Puisne Judge Mrs. Justice Wade.

Mrs. Wade backed up the decision by the Senior Magistrate the Wor. William Francis to jail German national Peter Focke for three months for possession of a bullet.

"In view of the circumstances of the case, I feel there are no grounds to interfere with the decision of the Senior Magistrate,'' she said in a brief statement.

Lawyer Mr. Mark Pettingill appealed the Magistrates' Court sentence on the grounds that Mr. Francis should have applied more uniformity in his sentencing.

He cited three cases prior to the recent gun amnesty where more serious firearm offenders received fines instead of jail sentences.

Last December former MP Mr. Harry Viera was fined a total of $4,000 for possession of a .38 Smith and Wesson revolver, a stun gun, flare pistol, "pepper'' defence spray and ammunition.

In March this year, US business executive Timothy Trout was fined $3,000 for possessing two handguns, ammunition and five cans of mace.

Two months later a millionaire diamond dealer was fined $2,000 for possessing a semi-automatic handgun.

"In light of these three cases, the perception is that there is one law for MPs and multi-millionaires and another law for foreign working seamen,'' Mr.

Pettingill said.

He added in Focke's case, Mr. Francis based his decision entirely on the current climate of the gun amnesty.

Solicitor General Mr. Barrie Meade said magistrates are not bound by past precedents.

"A decision in Magistrates' is binding on no-one,'' Mr. Meade said.

"Sentencing principles are not binding.'' He added that custodial sentences are handed down to firearms offenders as a matter of course unless exceptional circumstances justify a fine.

In this case, he said, the Senior Magistrate did not find the circumstances exceptional.

Mrs. Wade agreed saying the Senior Magistrate was free to go to the top of the range in firearms sentences.

Offenders can now receive a maximum of five years in prison or a $10,000 fine for possession of a firearm on a first offence.

"The amnesty came about because of recent gun offences. Politicians have indicated Bermuda is not going to tolerate them. The law is about to be changed and the Senior Magistrate was aware of that,'' she said.

In November, Premier the Hon. Sir John Swan announced sentences for firearms offences would be toughened.