Friday, November 7, 2014
For Nelson Mail/Fairfax Media
Nelson man Kirk Day has been sentenced to six and a half years for killing Carl Joblin over a lit cigarette and a broken guitar.
A Nelson High Court jury found Day guilty of manslaughter in September this year, for stabbing Joblin to death in a Nile St house on August 4 last year.
Today, Justice Joseph Williams sentenced Day to six and a half years imprisonment with no minimum set. Day has already served 18 months of the sentence while he was remanded in custody at Papanui Prison in Christchurch.
Over the course of the trial, the court heard that Day killed Joblin after a group of five, made up of Day, Joblin, siblings Delrose and Nathan Innes and friend Peter Harvey had been drinking at a Nile St house Day’s parents had rented and Day lived in.
Harvey lit a cigarette inside, angering Day who then pushed Harvey over and straddled him. Joblin pushed Day off Harvey, causing Day to fall on his guitar and break it.
Day then stabbed Joblin with a 15cm length blade kitchen knife, inflicting fatal wounds.
Day fled the scene, and crashed his car in Whakatu Drive, where he was arrested.
During the trial the six-man, six-woman jury heard from witnesses who were at the house at the time of the attack and emergency services who attended both scenes.
They also heard from Day’s former partner Zelia Smart who spoke about Day’s mental and addiction issues. Smart considered herself his support person.
During the trial, Day’s parents spoke about his history of panic attacks. Day also gave evidence and spoke of gaps in his recollection of events on the night. He had insisted he had no intention to kill Joblin.
He said he had been experiencing a panic attack that night, and had taken a knife to try to get a group of visitors to leave. He said he did not remember stabbing Joblin.
The trial was presided over by Justice Joseph Williams, with defence lawyers Tony Bamford and Luke Acland representing Day, while the Crown was represented by Jackson Webber and Sophie O’Donoghue.
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