being convicted of killing a customer.

But the 37-year-old Englishman, who has been in Westgate Correctional Facility since Friday, could be freed on bail this morning.

His lawyer Mark Pettingill lodged an appeal against his conviction for manslaughter even before the sentence was passed yesterday morning.

It means Pollock can now apply for bail. The hearing takes place in Chambers this morning, before Puisne Judge Norma Wade-Miller, who oversaw the trial.

Pollock always pleaded not guilty to pushing 51-year-old Craig McGavern to his death -- down stairs in the Emporium Building on Front Street last July.

And he broke down and cried as he pleaded for mercy in court yesterday.

He collapsed in tears as he said: "I have a wife and two small children who I cherish and love deeply.

"I beg the court to be merciful in passing sentence as they will suffer ...'' His wife Victoria, also in tears, had earlier told the court how the children, aged one and three, "think the world of him''.

"When he comes home at night, their faces light up,'' she said. "This has been very hard on him. He's been distraught and worried. We've had to stick together.'' But she said the couple would be forced apart by any prison sentence.

Pollock jailed for 15 months "I would hate to leave Kevin, but I don't think we could stay here,'' she added. "We would not be able to afford to stay here. I would have to take the children home.'' Flanagan's owner Tom Gallagher, who has footed thousands of dollars in legal bills, added that he treated Pollock "pretty much like a son''.

And Mr. Pettingill persuaded the judge that she should not take into account a previous conviction -- for affray in 1990 -- when passing sentence.

"What further purpose in imposing a custodial sentence is this court driven to?'' he asked. "Nothing's going to bring Mr. McGavern back.'' And he said prison would only hurt Pollock's young children, asking for any prison sentence to be suspended.

He added: "Even this weekend, when daddy didn't come home, it was a case of: `Where is he'? "I ask you to draw on all your powers of mercy. He's a good man and should be with his family.'' Crown counsel Patrick Doherty, who prosecuted the case, said a suitable prison term would range between one and two years.

"I can't help but feel sympathy for the accused,'' he said, in a courtroom packed with Pollock's friends and relatives.

"Certainly everybody behind me in the court will feel that sympathy.'' But he said a suspended sentence could not be imposed as Pollock did not plead guilty.

Pollock, speaking before being sentenced, said: "I can't begin to express my deepest regret and remorse at the death of Mr. McGavern.

"I'm truly sorry that the events on that night resulted in his death. I never intended him any harm.'' The trial jury deliberated for three hours before finding Pollock guilty by an 11-1 majority.

Mr. Pettingill said he would apply for bail immediately after yesterday's sentence.

He added: "We have already filed the appeal. The papers were filed this morning before we went to court. And there is good legal basis for that appeal.''