marijuana smuggler to six years in prison last May, lawyer Mr. Tim Marshall argued yesterday.

Mr. Marshall told the Court of Appeal that Chief Justice the Hon. Mr. Justice Ward, who was then a Puisne Judge, failed to take into account his client's cooperation with Police when he sentenced Dirk Bernard Foote.

Foote, 33, had admitted importing to Bermuda some nine pounds of marijuana with a street value of $203,000.

The Supreme Court had sentenced a man who admitted importing nearly twice that amount of marijuana to Bermuda to just four years in prison, Mr. Marshall pointed out.

The sentence handed down to Foote was "manifestly excessive'', the lawyer claimed.

Mr. Justice Ward had not attached enough weight to Foote's cooperation with Police, he said, adding Foote had given the names of his co-conspirators to Police, Mr. Marshall said.

But Crown Counsel Mr. Brian Calhoun argued substantial discounts were for cases where information led to further arrests, which it had not done in Foote's case.

Mr. Calhoun said a four to six year range was "appropriate'' for Foote's crime. He believed the judge had fully taken into account all the relevant mitigating factors.

But Mr. Marshall said the courts must make an effort to send a strong message to criminals that they will be rewarded for cooperating with Police and sharing information which could lead to further arrests. He added sentences for marijuana importation were historically "much lower'' than for other drugs.