A man who caused the death of a friend in a boat crash on New Year’s Day was given a suspended prison sentence after a judge said he was “handcuffed” by precedent.

Mikado Burchall, 36, pleaded guilty earlier this year to killing Adrian Hassell, 24, in a boating accident in the early hours of January 1, 2019.

Puisne Judge Juan Wolffe told Burchall that his actions on that night were “reprehensible” and had taken the life of a young man with a bright future.

However he said he was limited in what sentence he could deliver by both the legislation and past cases in which previous defendants had received suspended sentences for the offence.

“Reluctantly, I am compelled to follow the authorities,” he said. “I say reluctantly because the statutory maximum of two years for this offence is woefully too low, which on its face and gives the appearance that these offences are not deemed to be that serious.”

He added that it also did not appear that he had the discretion to disqualify Burchall from operating powerboats despite the nature of the conviction.

Mr Justice Wolffe said: “It should be shouted from the hilltops that these offences are very serious and any statutory maximum sentences should reflect this.”

The judge sentenced Burchall to one year behind bars, suspended for two years, and two years of probation with conditions including that he refrain from drugs and alcohol and submit to random drug tests.

Mr Justice Wolffe added: “If there is any breach of any of the terms of probation, there is a very strong likelihood that I will incarcerate you.

“I have already indicated to you that the sentence I have given to you is a reluctant one, so you have got to watch your p’s and q’s.”

The Supreme Court heard that on the night of December 31, 2018, Mr Hassell and others had gone out on Burchall’s boat.

The group travelled first to Dockyard and later to Hamilton, where Burchall docked on Front Street.

At about 3.30am on January 1, Mr Hassell and Burchall got back on to the boat and began to travel out of Hamilton Harbour.

Prosecutors told the court that the boat was blaring loud music and was flashing bright lights as it travelled during the night, and was spotted going through Two Rock Passage at between 40 and 50mph.

At around 4.30am, nurses at Lefroy House found an injured Burchall, who told them he had been in a boat accident. Despite efforts to revive him. Mr Hassell died.

The court also heard that Burchall was found to have 91 milligrams of alcohol in 100 millilitres of blood, just above the 80 milligram legal limit for driving on Bermuda’s roads.

Burchall was initially charged with manslaughter and piloting a marine vessel while impaired by alcohol, but he pleaded guilty to the lesser offence of causing death by powerboat.

Charles Richardson, counsel for Burchall, said his client accepted that his poor choices had led to his friend’s death.

He said that while he had been travelling at an acceptable speed in the channel, he failed to sufficiently slow down when he left the channel.

Mr Richardson also said Burchall should have turned off the loud music and flashing lights on his boat, but did not realise the extent to which it would impair his ability to navigate the area.

“He was going too fast at the time and he should have taken more protective measures,” Mr Richardson said.

The court heard several victim impact statements from Mr Hassell’s family, who described him as happy, loyal, sincere and sentimental.

Joanna Hassell, Mr Hassell’s mother, said her world collapsed when her only son was killed, describing the loss of Adrian as her “ultimate grief”.

She recalled being taken to the hospital and seeing her son’s body the morning of the fatal crash, saying: “He was cold and I could not hug him the way I wanted to. I was told I couldn’t. Could you imagine how that felt as a mother?”

His father, Christopher Hassell, said Mr Hassell was an “awesome son” who had wanted to help Bermuda meet it’s tourism potential.

“The world was his oyster,” he said. “Adrian’s death was shocking and heartbreaking for all who knew him.”

His sister, Hollie Hassell, wrote that while most families in Bermuda celebrate the holiday season, her family had to deal with the heartbreak of Adrian’s death every Christmas Eve – his birthday – and every New Years.

She added: “What should my family be celebrating on that day every year for the rest of our lives?”

Burchall himself said: “I’m very sorry for what has happened. Adrian was a good friend of mine. As you have heard, he was a wonderful person.

“I would like to apologise to the Hassells. I’m sorry. Adrian was a great, great person and I’m sorry for his loss.”

Mr Justice Wolffe said that while he accepted that Burchall felt regret and remorse, he did not believe based on his words in the court that the remorse was “deeply held”.

He also said that while no alcohol-related charges were before the court, he would consider Burchall’s drinking as a factor against him, along with a previous conviction for operating a powerboat while impaired.

Mr Justice Wolffe however said Burchall was entitled for a discount because of his early guilty plea.

The judge also noted the eight month suspended sentence delivered to Andrew Lake, who was convicted of causing the death of 62-year-old Mary McKee in a 2017 boat crash.

Mr Justice Wolffe said: “Adrian appears to have been an exceptional young man who had a very promising future, but due to the reckless conduct of the defendant Adrian will not have the opportunity to live out his potential and his family will not be able to witness such.”

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