Man ‘too drunk’ to kill intentionally
A MAN accused of brutally murdering his friend and blaming it on a home invasion will argue he may have been too drunk to intentionally kill the 42-year-old.
Christopher Brian Newlove, 54, has been accused of murdering Paul Heron, whose body was found with gruesome injuries including a slashed neck and burns to his genitalia, legs and lower abdomen in March 2015.
Newlove pleaded not guilty to murder in the Supreme Court yesterday and prosecutor David Meredith showed the jury confronting images of Heron's body on the kitchen floor of Newlove's Highgate Hill unit.
He said the injuries, particularly the burns, showed the killer's "animosity" toward the victim.
"The prosecution will argue that whoever killed Paul Heron intended to do so," he said.
Mr Meredith said it would be alleged Mr Heron was hit in the head with a brick before his neck was hit with a machete, causing the fatal wound.
Defence barrister Kim Bryson said the jury needed to decide whether Newlove killed Mr Heron and if he intended to cause him death or grievous bodily harm.
"Now when you're looking at the evidence … it might be of assistance to you to pay particular attention to evidence involving intention and also intoxication," she said.
"I expect during the course of the trial you will hear evidence about not only drug taking and alcohol consumption by Mr Newlove, but also Mr Heron.
"And I'd ask you pay particular attention to the evidence about drug and alcohol use because that will be directly evidenced to your consideration of Mr Newlove's ability to form an intention and that will be spoken about throughout the course of the trial."
Justice Peter Applegarth said while intoxication was no defence to murder, it could affect whether a defendant was capable of forming the intent to kill or seriously injure someone.
Newlove told police in a recording played to the court that two unknown men broke in.
"They just went straight in and went whack whack," he said.
"I've never seen them before in my life."
The trial continues.