partner he was HIV positive was "manifestly harsh and excessive'', his lawyer has charged.

And yesterday Ronald Mapp's lawyer, Victoria Pearman, took the case to the Court of Appeal in a bid to get the sentence "substantially reduced''.

Mapp, 37, of Cedar Avenue, Pembroke, was sentenced in March after pleading guilty to sexual assault. Although his 43-year-old partner consented to sex, Mapp, who has been HIV positive for about ten years, failed to tell her he carried the virus.

In court yesterday Ms Pearman argued the father of five had always used a condom and that because of his condition he could spend the rest of his life behind bars.

Following the hearing she said: "It was manifestly harsh and excessive.

Basically the line I have taken is that, in effect, Mr. Mapp's crime, which he pleaded guilty to, was to have sex with this woman without telling her that he was HIV positive.

"But he always wore a condom and she was never at any risk. Yes, he should be punished but, bearing in mind Mr. Mapp's health, this could be a life sentence.'' The three-man appeals panel is expected to give a decision on the case later this month.

AIDS AID