can be considered an exceptional factor in winning a reduced prison sentence.

The Court's determination of the question follows the Supreme Court sentencing yesterday of a Portuguese-Bermudian woman who pleaded guilty to stealing.

Therese Maria Dos Santos, a former Bank of Butterfield teller, was sentenced to nine months in prison for stealing nearly $25,000 from her Portuguese customers.

The crimes took place from March to December last year and involved seven withdrawals from three customer accounts, ranging from a low of $3,000 to a high of $8,700.

Crown counsel Miss Sharon Kenny said the crime was the result of "pure greed'' and a breach of trust.

But lawyer Mr. Tim Marshall argued it was a "one-off'' occurrence and completely out of character for the 27-year-old mother of two.

He also argued there was strong indication it was "unlikely that there is going to be any repetition of criminal behaviour in the future.'' He based the statement on Dos Santos' remorse for the crimes and the fact that she had shamed her family and her Portuguese community.

Mr. Marshall said interviews he had conducted with members of the Portuguese community revealed that "family honour is the pinnacle ... When one member falters, the entire family is brought down.'' Regardless of her sentence and remorse, Mr. Marshall said Dos Santos would have to work for many years to win back community respect.

"In essence, what she is expected to do by the family and the community is to rehabilitate herself,'' he said. "By activating any prison sentence, we take a step back in the process. This is a good risk. All indications are that she'll never appear in court again.'' Mr. Marshall said the Portuguese community would be playing a direct role in Dos Santos' rehabilitation saying, "You prove yourself and we'll be there.

"That cultural element, which is so strong, is an exceptional circumstance in this case.'' Mr. Ward, after sentencing Dos Santos, said Mr. Marshall had raised an interesting point on the effect of community values on the individual.

He could not regard Dos Santos' membership in the Portuguese community as an "exceptional circumstance'' under governing definitions set by the Court of Appeal.

"The law must be seen to be administered even-handedly,'' he said. But he suggested Mr. Marshall take the issue to the Court of Appeal and that he would make it possible for the case to be heard as soon as possible.

"If we get a redefinition of exceptional circumstances, then it can be applied to all,'' Mr. Ward said.

Last night, Mr Marshall said his appeal would be filed today. It would state the judge had erred in exercising his discretion in favour of a suspended prison sentence and ask what grounds constituted exceptional circumstances.