The Court of Appeal in Wellington has reserved its decision regarding an appeal by a Christchurch man convicted for killing his tetraplegic friend in 2005.
In August 2010, Eric Smail was sentenced at the High Court in Christchurch to life imprisonment with a non-parole period of 14 years for murdering Keith McCormick by slitting his throat.
Smail admitted the manslaughter, but said during his trial he was provoked by the stress of caring for his friend and was putting the former Paralympian out of his misery.
The thrust of Smails' appeal on Tuesday was based around his characteristation to the jury during his trial.
Lawyer Judith Ablett-Kerr, QC, argued that Smail had a number of personality traits that should have been related to the jury. She also argued there was grounds for third party provocation.
However, the Crown argued there was no evidence to support grounds for provocation and the defence's psychiatric evaluation of Smail was vague.
Justice Chisholm said at the sentencing last year that there was a degree of premeditation to the killing and Smail had used a weapon to cause extreme harm.
