Shannon Philmeon Looby was sent to prison for three years yesterday for armed robbery and wounding a Police officer with a 12-inch pronged fork.

Before Chief Justice the Hon. Mr. Justice Ward passed sentence, Looby, 24, of Berkeley Hill, Pembroke, said that he committed the offences because of stresses in his marriage which were exacerbated because he was unemployed and unable to care for his two young children.

"I was not in my right state of mind that night,'' he said. "If I could change what I did I would.'' Earlier, Crown Counsel Mr. Brian Calhoun said that Looby walked into the Esso City Auto Market on June 17, 1995.

His face was covered with a hat and handkerchief with only his eyes showing.

Looby walked up to the cashier around 2.20 a.m., gripped her shirt and demanded money while he brandished a 12-inch meat fork which he pointed to her chest.

The cashier opened the cash register and Looby reached in and removed some money.

Around the same time, two plain clothes police officers came into the store and identified themselves once they realised they had interrupted a robbery.

As the officers tried to arrest Looby he stabbed one officer with the fork in the forearm. It broke on impact.

The officers wrestled Looby to the floor and placed him under arrest. Despite being handcuffed, Looby continued to struggle and was only restrained when other officers arrived.

He received a cut that required eight stitches, while the officer had to take two days off because the fork caused two wounds that were one inch in depth.

His lawyer Mr. Ian Kawaley said he accepted that the offence was serious and far too prevalent in Bermuda.

However, he said he did not accept that the courts had no other choice but to pass a sentence of immediate imprisonment.

Mr. Kawaley said his client was a first offender with a good family background.

He said: "The broader question is whether this young man should be placed on a conveyor belt like a piece of luggage to Westgate.'' To which the Chief Justice retorted: "No. I was told that was true of Casemates. But Westgate is a training school.'' Mr. Kawaley said the courts must keep an open mind when dealing with the cases that come before it.

"The courts have been imposing stiff sentences but crime is rising. All deterrent sentences do is satisfy the public thirst for retribution.'' Mr. Kawaley said a psychiatrist's assessment showed that Looby was suffering from mental illness when he committed the offences and this had been aggravated by his use of alcohol.

"There was an element of planning in the offence but his method of execution indicates a man probably not in his right mind.

"Even though he was capable of thinking rationally at a certain level, his choice of a weapon indicates some abnormality.

"A barbecue fork (with a handle) that breaks off is not the sort of weapon a thinking person would choose in a carefully planned robbery.'' But Crown Counsel Mr. Brian Calhoun said that a sentence in the six to eight year range was required for offenders who robbed taxi drivers and all night convenience stores.

Mr. Calhoun said that the evidence contradicted the psychiatrist's assessment that Looby was suffering from delusions and hallucinations when he committed the offences.

In a Police interview, Looby said he needed money because he was unemployed and had domestic difficulties.

He told Police he had consumed four beers earlier that evening and had contemplated the robbery over a five hour period between 9.00 pm. and 2.00 a.m.

"He knew what he needed (money), and why he needed it,'' Mr. Calhoun argued.

"During his contemplation he decided to rob the Esso store because it was open all the time and was an easy target.'' Furthermore he purposely took a "circuitous route'' from the Swinging Doors Nightclub so that no-one would see him and he decided to use the fork to intimidate the cashier.

Mr. Calhoun said there was nothing delusional or hallucinatory about that.

"He weighed and ascertained the risk values of robbing this store,'' Mr.

Calhoun said. "He disguised his root from the Swinging Doors so that he would not be seen.

"He was mentally cognizant of why he had the fork and its purpose and he used it for that purpose.

"He knew the consequences of his action and was remorseful and he anticipated a term of imprisonment as a likely consequence of his action.'' Mr. Calhoun said Looby could remember the minute details and thought processes when he was interviewed after his arrest and this was inconsistent with the psychiatrist's assessment which he said the court should reject.

Mr. Justice Ward said the six to eight years that the Crown proposed was too harsh given Looby's age, remorse shown and lack of previous convictions.

He sentenced Looby to three years for the armed robbery and 18 months for wounding the Police officer. Both sentences will run concurrently.