had avoided spending the next six months in prison.

Keavin Wendell Caines, of Barracks Close, received the six-month jail term back in October but had it changed on appeal in Supreme Court.

He had pleaded guilty in Magistrates' Court to the attempted theft of a Suzuki Rc 100 motorcycle from Edna Mae Tuzo on September 29, 1999 and received the immediate custodial sentence.

Caines' lawyer Renee Foggo pointed out her client did not have a previous criminal record.

She added the sentence of six months was harsh and that Caines had paid for the damages he caused to the bike when he tried to steal it.

"He did send a letter and paid for the damages he had caused,'' she said.

"Restitution had been made. He should be allowed one chance.'' She said Caines was a father who had played a vital part in his child's life.

"He is a very active parent and has been a constant in the child's life.

There is a slim chance that he will re-offend. The punishment should fit the crime.'' However Crown counsel Charmaine Smith said she felt the right sentence had been passed.

She said: "This sentence was appropriate given all the circumstances.'' The court heard that Ms Tuzo went into Four Star Pizza on Angle Street when Caines and another man passed by then stopped. Caines went over to the cycle and Ms Tuzo returned to find him sitting on her cycle and trying to start the bike.

She tried to grab him but Caines ran away and escaped on the waiting cycle. He had caused $110 in damage to the ignition of the bike and was arrested the next day. He admitted committing the offence.

Citing the facts that Caines had made restitution, was employed at the time and was a father, Chief Justice Austin Ward changed the sentence to six months in prison, suspended for one year.

He noted: "I don't want him sitting on the wall like some of these other men.'' He then told the teary-eyed man: "Mr. Caines, if you slip up in the next year, you will serve the six months.''