sentence after a Supreme Court jury found him guilty of unlawfully wounding Michael Robson and possessing a knife.

An 11th-hour bail application before Puisne judge the Hon. Mr. Justice Ground was denied yesterday.

Defence lawyer Mr. Philip Perinchief has appealed both the conviction and the sentence.

Mr. Perinchief and Crown counsel Mr. Khamisi Tokumbo were locked in a bail hearing in the judge's chambers for 20 minutes after the sentence was passed.

Earlier, the jury foreman asked if it would be proper for them to consider an alternative charge of unlawful wounding because they were deadlocked on the second count of unlawful wounding with intent to cause grievous bodily harm.

At that point the jury had been deliberating for nearly five hours.

Mr. Justice Ground advised them to "do their best to reach a verdict'' on the unlawful wounding with intent charge but he said if it was clear a resolution could not be found, they should consider the alternative count.

Nine minutes later, the jury re-entered the courtroom and announced their verdict.

Benjamin, of Lusher Hill, Warwick, was charged with attempting to murder Michael David Robson, of Middle Road Southampton, wounding him with intent to cause grievous bodily harm and possessing an offensive weapon.

All three offences were alleged to have occurred during the early morning hours of July 19, 1993, when Benjamin and his two friends Orien Thomas and Eric MacIntosh, became embroiled in a fight with Craig Tavares, Robson, and Joshua MacGavern, outside the Ice Queen in Paget.

Benjamin plunged a knife with a four-inch blade into Robson's temple so far that it pierced his brain.

He was found not guilty of attempted murder.

After the verdict was read out, a visibly shaken Benjamin said: "I'm sorry all of this happened. I was just acting in self defence. I hope you have some leniency on me. I'm sorry all of this happened.'' Mr. Justice Ground, meanwhile, said the jury's verdict rejected Benjamin's claim that he acted in self defence.

The judge also said that his response (with the knife) was "disproportionate,'' and there was some evidence that his friends provoked the fight.

Furthermore, the judge considered Benjamin's two previous convictions for assault. He also had one conviction for possessing an offensive weapon.

He then sentenced Benjamin to four years in prison for unlawfully wounding Robson and one year for possessing a knife. The sentences will run concurrently.