Convicted killer David Cox has been sentenced to life in prison without the possibility of parole for 25 years — the maximum penalty allowed under Bermuda law for premeditated murder.

Cox, 33, to life in prison for gunning down Troy (Yankee) Rawlins, who was shot 16 times in the Spinning Wheel nightclub.

During his 2011 trial the court heard that Cox and another man, who has not been identified, killed the father-of-ten in retaliation for a non-fatal gang shooting which took place at the North Atlantic Boat Club earlier that evening.

After being convicted, Puisne Judge Carlisle Greaves ordered that Cox serve a minimum of 38 years of his sentence before being eligible for parole.

However a recent ruling by London’s Privy Council established that Bermuda law does not allow a minimum sentence greater than 25 years for premeditated murder and 15 years for “simple” murder. As a result of the ruling, the Court of Appeals ordered that several convicted murderers, including Cox, be resentenced by their trial judges.

The matter returned to Supreme Court yesterday, with prosecutor Cindy Clarke arguing that according to the Privy Council ruling, defendants in cases such as Cox should receive the maximum tariff unless the court determines it to be disproportionate.

“In this case, we would say there’s nothing disproportionate,” Ms Clarke said.

Defence lawyer Larry Mussenden, however, argued the maximum penalty should be reserved for the worst possible offenders, with those convicted being put in different categories based on the nature and circumstances of their offences.

He noted that Mr Justice Greaves himself had sentenced Jay Dill and Devon Hewey to 40 years in prison for the murder of footballer Randy Robinson — two years more than Cox — adding: “The same reasons should still apply. There is a distinction.”

He suggested a sentence of between 15 and 21 years, but Mr Justice Greaves said he had not been convinced that a minimum sentence below 25 years was appropriate for gang-related murders like the one before the court.

The judge noted the UK death penalty case of Maxo Tido, which stated that murders for the furtherance of another crime — such as gang enforcement — are classified as the worst cases of murder.

“In my view, these are the types of cases which, like the instant case, seriously threaten the peace, harmony and security of the community,” he said.

He added that in Bermuda firearms cases are also considered to be among the worst, noting that the law allows for an additional consecutive sentence of up to 20 years.

“These constant gang killings and shootings have placed this small community of 21 square miles and approximately 70,000 inhabitants in mortal fear and discomfort,” he said. “There are not mitigating factors of any degree attracting a decrease in the minimum tariff.

“It’s a senseless, unnecessary, planned, brutal murder, carried out and energised by vengeance, spite and arrogance. It is perpetuated by a gang enforcement policy akin to a four musketeers mantra of one for all, all for one. You or yours insult or harm me or mine, me or any of mine shall insult or harm you or any of yours including murder, whether or not the other is a member of the gang or did the insulting or harm, wherever, whenever.

“It should attract the most condign sentence the law allows. In this jurisdiction, that is imprisonment for life with a statutory maximum minimum of 25 years to be served before eligibility for parole consideration.”

The judge confirmed Cox’s life sentence and ordered that he serve 25 years before being eligible for parole, but added that the time already served in connection to the matter be taken into account.