A defence lawyer is set to challenge tough new bladed weapons legislation on the grounds that it is unconstitutional.

A prison term of at least three years became mandatory for anyone caught carrying an article such as a machete in public without good reason as of July last year. Police have praised this for helping to achieve a sharp drop in incidents of public disorder.

However, speaking during the monthly arraignments session at Supreme Court yesterday, lawyer Charles Richardson told Puisne Judge Carlisle Greaves: "It's a misconception that a sentence has to be mandatory. That's about to be challenged before the courts as being unconstitutional."

Mr. Richardson was appearing on behalf of defendant Terry Eugene Thomas, who will be tried on August 28 on charges of having a bladed article and causing grievous bodily harm with intent.

Speaking after the case, Mr. Richardson said he had a challenge against the law pending at Magistrates' Court. He would not name this case, but said he plans to argue on the same grounds in the Thomas case too.

He said that recent jurisprudence ? the philosophy or science of law ? from the House of Lords and Privy Counsel says that any sentence which does not allow a judge to take into the particular circumstances of a defendant is unconstitutional.

"You might be guilty of having a bladed article in a public place by standing with it outside the gate to your house, or for chasing someone down the street with it," he explained, arguing that it would not be fair to treat two such defendants the same.

Mr. Richardson believes that his are the first moves to challenge the new legislation in Bermuda.