22 Jun 2015

Jury retires in dairy homicide trial

7:55 pm on 22 June 2015

Jurors deciding the case of two boys accused of killing a west Auckland dairy owner during a robbery have been told they must look into the mind of the boy who used the knife.

Arun Kumar.

Arun Kumar. Photo: SUPPLIED

Justice Lang has summed up the case at the High Court in Auckland, where a 14 year-old is on trial for the murder of Arun Kumar and a 13-year-old is charged with manslaughter.

Both boys have name suppression.

He told the jurors they must decide what the boy was intending to do when he used the knife.

The judge said the defence had called evidence about a brain injury the boy received when he was hit by a car, and argued that injury caused him to act on impulse in complex situations.

He said the Crown argued that the boy stabbed an unarmed Arun Kumar three times in order to escape from the dairy.

Justice Lang said the jury must put aside any sympathy for the family of the dead man or prejudice for the accused.

The jury has retired to consider the verdict.