a man convicted of manslaughter appealed the verdict and sentence.

Randy Burgess was jailed in March for 14 years for the October 1999 killing of Dean Young.

In the Court of Appeal yesterday his defence lawyer Mark Pettingill had argued that when the jury was sent out a second time during the trial, after returning after three hours to get clarification on points of law, Chief Justice Austin Ward's summing up missed out a vital point.

Mr. Pettingill said Mr. Justice Ward had given a definition of self defence which said the killer was justified if he had felt his life was under threat because the attacker had a weapon.

Mr. Pettingill said Mr. Justice Ward had failed to mention that someone's life could be in danger if they were being attacked with bare hands.

The trial jury were then sent out again.

Mr. Pettingill said: "They were back in 23 minutes. If no instrument was used there was no defence to the whole thing and we could not avail ourselves to defence of manslaughter.'' During the trial Burgess, 34, testified Dean Young had gripped his throat during the struggle at Border Lane, Pembroke - the home of Trina Todd who was at the centre of a love triangle.

During the fight Young, from Princess Estate, Pembroke, was stabbed 23 times.

He collapsed in the street and was certified dead 50 minutes later in hospital.

Mr. Pettingill was also appealing the sentence for Burgess, of Cashew City, St. David's.

He told the Appeal Court: "It should be 10-12 years but it was 14.'' Prosecutor Vinette Graham Allen argued against the appeal.

She argued Mr. Justice Ward had exhaustively explained how the accused could argue self-defence.

Court of Appeal President Sir James Astwood said: "The point Mr. Pettingill was arguing was that he didn't explain the weapon he could have used could be his fists and hands, giving the jury the impression that before this man could stick him with the knife the other man would have to have a gun or machete.'' Mrs. Graham Allen said: "He wasn't saying that. That wasn't the effect of this section.''