The jury took only an hour to find Patrick Allan Daken guilty of murder for stabbing his younger brother Kelly Paul Daken during a fight at the family's home at Port Levy on Banks Peninsula.
Daken family members sobbed in the High Court at Christchurch as the jury delivered its verdict at 5pm.
Justice Graham Panckhurst remanded Daken, 42, a bushman, in custody for sentencing on October 1.
The jury had retired at 4pm to begin its deliberations after a day of hearing addresses by counsel and the judge's summing up in a murder trial that went for just four days.
Justice Panckhurst's summing up asked the jury to consider provocation as part of its deliberations.
With the Government planning to rule out provocation as a defence after the Clayton Weatherston murder trial, the Daken trial may be one of the last hearings where that defence is considered.
In his closing address, crown prosecutor Mark Zarifeh told the jury that this case was a real tragedy, one brother killing another.
Emotions had been running high in the family on the night in June 2008 when the killing had taken place, he said.
A younger brother was confronting his older brother because of the older brother's abuse of his father.
He said Patrick Daken said he felt his life was being threatened by Kelly, but the crown case was that he was not acting in self defence, he was acting out of aggression. His actions were not reasonable, they were over the top, Mr Zarifeh said.
Daken exaggerated his fear that night, exaggerated the assault, and the pain he was in. He lost his temper, and the police video interview involved him attempting damage control.
He said when Daken was inflicting the wounds on Kelly he must have had murderous intent. He would have known his actions might lead to Kelly's death and he was reckless about that.
Defence counsel Tony Garrett said everyone had a different perspective in the Daken family.
Kelly Daken intended to inflict harm on Patrick Daken, and without any warning had launched into a potentially fatal assault, Mr Garrett said.
If the poker Kelly Daken had used to attack Patrick Daken had hit him on the back or the side of his head, he could have died.
The poker was a lethal weapon, and Kelly was telling Patrick that he was going to kill him, Mr Garrett said.
Kelly was seriously choking his windpipe, and Patrick did not produce his knife until it was absolutely necessary, Mr Garrett said.
"The appropriate verdict for you is not guilty of murder," he said.
In his summing up Justice Panckhurst said he made the decision to put before the jury an option of provocation for their consideration.
He said if there was something said or done before the killing to provoke a person to respond by killing that person, provocation was available as a partial defence.
Manslaughter was a possible verdict, he said.
- NZPA
Daken guilty of murdering brother
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