An American woman who spent ten days in jail for accidentally importing an empty gun magazine got her sentence reduced to an absolute discharge on appeal.

Ruling in the case of 61-year-old Lori DuBell yesterday, Chief Justice Richard Ground said: "Everything points to this being an unfortunate error by a hapless individual."

An absolute discharge means no criminal conviction is recorded against her, although she has already served her full sentence of imprisonment.

Ms DuBell, who has returned home to Naples, Florida, reacted to the news by telling The Royal Gazette: "I thank God that the ordeal is over."

She said of her time in prison: "My experience was not positive in many respects. I will leave it at that." And she protested: "I am a licensed real estate broker in several states. I never in my entire career ever had a complaint against me. When this happened I was devastated."

Ms DuBell pleaded guilty on September 14 to importing the 9 mm magazine on a JetBlue flight from Boston on September 10 when she was travelling to Bermuda for a vacation.

She claimed she'd forgotten the clip, which contained bullets for her automatic Glock pistol, was in her bag until she opened it to put away a chocolate bar wrapper on the plane.

At this point, she said she panicked, and disposed of the nine live rounds in the bathroom trash bin. She retained the magazine, thinking it was innocuous, but fell foul of Bermuda's law which prohibits not just the importation of complete firearms but also parts and ammunition.

The magazine was found when she was searched on arrival at L.F. Wade International Airport. Customs officers found the bullets during a search of the plane.

DuBell has a permit in Florida to carry a concealed weapon. During her sentencing hearing, defence lawyer Elizabeth Christopher argued that she has no previous convictions and should be given an absolute discharge because she had no intention of bringing any component parts of a firearm to Bermuda.

"She came to Bermuda for a day to see pink sands and blue water," said Ms Christopher. "I'm sure she regrets it."

However, Senior Magistrate Archibald Warner said: "I do not accept this story. Therefore in all the circumstances, it is my view that this calls for an immediate custodial sentence."

Ms Christopher launched an appeal, saying it was an appropriate case for a discharge. The Chief Justice agreed, and said in yesterday's appeal ruling: "It is not clear from the record why the learned Senior Magistrate imposed the penalty he did.

"Press reports at the time suggest that he disbelieved the appellant's explanation, but in such a case, if he thought the importation deliberate, a much more severe penalty would have been called for.

"On the other hand, if the court accepted her explanation, then a sentence of immediate imprisonment for a first-time offender would seem inappropriate."

He said there was nothing in the prosecution case to say DuBell brought the clip in deliberately and she was never charged over the ammunition. He therefore ruled that she should have been sentenced "on the basis that she was a first-time offender with no ulterior criminal intent".

Greeting news of the successful appeal, defence lawyer Ms Christopher said: "My client is very happy with the result. I trust this will vindicate her name. She's not a woman who's ever acted with any criminal intent and having this humiliating experience behind her, hopefully she can get on with her life."

Ms DuBell said: "I want to publicly thank and commend my attorney Elizabeth Christopher. She never once wavered in her support for me. I found her conscientious and dedicated beyond expectation."

Her case was followed by another similar incident three weeks later, when a 67-year-old woman from New York was arrested at the airport with 11 bullets in her carry-on case.

Lucy Stackler, of Oyster Bay, pleaded not guilty to importation after the items were found on September 27 as she attempted to fly home from Bermuda after a vacation. They had not been detected when she entered the Island from the US four days earlier.

Mrs. Stackler told Senior Magistrate Mr. Warner that she put the ammunition in her bag after it fell from her closet in May and forgot about it. He cleared her after a three-day trial.