reduced to a three-month suspended sentence on appeal.

Magistrate Archibald Warner had sentenced Arron Bean, of Angle Street, to three months in prison in December but then granted him bail to appeal.

On Friday, lawyer Gaun Wolffe argued the sentence was excessive after pointing out Bean's clean record, his guilty plea and the minor nature of the assault.

Bean had pleaded guilty on December 18 to resisting arrest, assaulting a Police officer with intent to cause bodily harm and damaging a Police car.

He had been fined $500 for resisting arrest and $800 for damaging the car in Church Street.

Mr. Wolffe said it was standard practice to reduce sentences by up to a third when people pleaded guilty.

But Chief Justice Austin Ward countered: "He beat up a Policemen in the street.'' Mr. Wolffe replied: "No, he assaulted a Police officer.'' But Mr. Justice Ward said: "But the Police officer was on sick leave as a result of that beating.'' But Mr. Wolffe said the injuries were essentially bruising and scratches and that victim P.c. Steven Cosham had soon returned to work.

He pointed out that Bean, who had defended himself at the trial, had apologised for his behaviour.

The accused had been approached when officers heard loud music from his car and was then arrested when officers believed there was a warrant for non-payment of a fine.

The defence pointed out that Bean, a 24-year-old construction worker, had initially complied with the arrest but had struggled because the handcuffs were too tight.

Other defendants who had assaulted Police officers in other cases had been treated more lightly, said Mr. Wolffe.

He said: "Corvin Ratteray assaulted a Policeman in St. George's last August and the Policeman ended up with a dislocated shoulder but Ratteray was only fined $500.'' "He (Ratteray) caused more extensive injuries and has an extensive record of violence against Police officers.'' But the judge said this could indicate that Ratteray should have been dealt with more severely rather than being an argument for Bean getting a lighter sentence.

Mr. Wolffe also pointed to the case of Tammy Bara who bit and spat at an officer when being arrested in Pembroke in October.

Mr. Wolffe said: "She was fined a total of $300. The saliva was a potential threat. Yet she expressed no remorse.'' Mr. Wolff said Bean had was a keen runner and chess player. But Mr. Ward said: "People who play chess don't beat up Policemen.'' Crown counsel Larry Mussenden said the Police had a duty to protect the public and should not be hindered in any way.

He added: "Perhaps my department has not kept its eye on the ball when dealing with these kinds of cases. Fines are just not appropriate.'' But Mr. Justice Ward said: "There is nothing wrong with the principal of an immediate custodial sentence but in this case three months would be manifestly excessive.''