The young man was taken to hospital after he was found semi-conscious on a pavement near the apartment by passers-by about 11.10pm on May 26th, 2013. He was pronounced dead less than two hours later.The prosecution case was that Mahon was drunk, angry and agitated when he thrust a knife into his stepson with deadly intent. Mahon claimed his death was an accident or possible suicide and Mr Fitzpatrick had “walked into the knife” while they had been arguing.
He said, after Mr Fitzpatrick called over to Mahon’s flat, Mahon came after Mr Fitzpatrick with a knife and the jury found he did not intend to kill or cause serious injury.Mahon’s introduction of a knife and his admitting brandishing of it was an aggravating factor and, after the death, he made no effort to secure help for a man seriously injured by him and fled the scene, the judge said.
The best analysis possible on the basis of what the trial judge had said was of culpability based on the introduction of a weapon and what the trial judge called a “spontaneous” type action.
Very concise and should apply globally, including to qualify the 2nd amendment GunControl Guns NewZealand SupremeCourt
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