The section of the Criminal Code which permits sentences to be split between incarceration and probation is “flawed and unworkable” when applied to serious offenders, a judge has argued.

Newly-appointed Puisne Judge Carlisle Greaves made the comments during a sentencing in Supreme Court yesterday, when he expressed his frustration with the statute which prevented him from imposing a prison term in excess of two years, if he also wanted to order a lengthy period of probation for an offender with a long history of drug abuse, theft and violence.

Mr. Justice Greaves encountered the same difficulty last week when convicting a confessed paedophile - a case which attracted widespread media interest and sparked howls of outrage from the public after a sentence of only three years imprisonment and three years probation was handed down.

“I took note of the public outrage at my sentence last week,” he said.

“The people of Bermuda are tired and fed up of these baby offences for serious offences... the public is correct and the law needs amending. If we are serious about protecting the public, particularly in a case when the offender is sick, then we must move to amend the law. I hope others will here me on this.”

Meanwhile, Mr. Justice Greaves handed down four separate sentences totalling 11 and a half years to Michael Reuben DeSilva in relation to multiple charges of assault and stealing earlier this year - although he ordered all sentences to run concurrently and it is understood DeSilva will likely be released on probation within three years.

“This is a man with a propensity for theft and violence,” Mr Justice Greaves said. “There are multiple offences, all of which I believe to be serious. At the same time, I have to bear in mind that society will not be properly protected from him until his drug addiction is properly sorted out. A long period of probation where he can undergo more rehabilitation is therefore in order.”

It is understood, however, defence counsel Elizabeth Christopher is seriously considering appealing the length of the conviction.

Cindy Clarke was making the case for the Crown.