An Auckland man who tried to kill his former business partner has been jailed for seven years but might only spend days behind bars.
Martin Victor Lyttelton, 57, was found guilty at a March trial of the attempted murder of Richard Ord and causing grievous bodily harm to Mr Ord's partner, Colleen Fenton, with intent to injure her in April 2008.
He was also convicted on a charge of aggravated burglary of the couple's North Shore house.
In 2010, Lyttelton pleaded guilty to the charges and was jailed for nearly six years.
However, after serving that entire sentence -- almost half of which he was on parole -- the defendant took his case to the Court of Appeal in a bid to clear his name.
The court granted his appeal at the end of 2014 but this year a jury rejected Lyttelton's defence of mental illness combined with his excessive drug consumption.
In the High Court at Auckland this afternoon, Justice Raynor Asher sentenced him to seven years in prison but, because of the time spent behind bars, Lyttelton may only have to spend days there, depending on when he gets a parole hearing.
At the most, he will be imprisoned for 13 months.
The court heard how Lyttelton and Mr Ord were business partners for some years before their relationship began to sour in 2000.
By 2008, the defendant had become depressed and consumed by the dispute, Justice Asher said.
Lyttelton turned up at the victims' property with a loaded .410 shotgun, spare shells and a skinning knife.
He moved through the rooms of the house before coming to a locked door.
Lyttelton aimed a shot which passed through it and struck Ms Fenton in the leg, severing her femoral artery.
"Not satisfied with the havoc he had just wrought," Crown prosecutor Scott McColgan said, the defendant began reloading the firearm when Mr Ord burst through the door to confront him.
The skirmish saw the shotgun discharged into a wall and the pair struggled downstairs and into the garage.
"At some stage they reached a physical stalemate where both men were holding the gun and couldn't get an advantage," the prosecutor said.
Lyttelton then unsheathed the knife and continued the attack on Mr Ord.
"You were attempting to kill him in any way you could through that struggle," the judge said.
The jury rejected the defence that his judgment was "completely clouded" by his mental illness and the residual effects of the drugs.
Lyttelton today asked the court for an adjournment so a full disputed-facts hearing could be held, passionately detailing the many problems he had with the Crown's approach to sentencing.
"Apologies for becoming a bit Perry Mason-ish and a bit emotive. I want finality. I don't want to appeal this," he said.
But Justice Asher said the numerous issues raised by the self-represented defendant were ones he could easily resolve having been the trial judge.
The defendant said he did not initiate the struggle with Mr Ord and that he had dropped the knife at the first opportunity.
Crown prosecutor Scott McColgan called that explanation "nonsense".
"Mr Lyttelton at any time could have acquiesced in that struggle and he never did," he said.
"The Crown characterises that struggle as Mr Ord fighting for his life and Mr Lyttelton fighting to take his life."
The court heard the victims lives had been forever altered by the incident, especially that of Ms Fenton after sustaining a "very large hole" in her left thigh.
"There are still pellets in her body that can't be removed and clips to clamp off veins where the artery was shot away," Justice Asher said.
She would be permanently weakened, he said.
The couple was not interested in an emotional harm payment from the defendant.
• April 10, 2008 - Lyttelton tries to kill his ex-business partner, Richard Ord, and shoots Mr Ord's partner, Colleen Fenton
• November 12, 2009 - Mental health professionals assess him as fit to stand trial and he subsequently pleads guilty
• March 31, 2010 - Lyttleton is jailed for five years 11 months by Justice Edwin Wylie
• December 19, 2014 - The Court of Appeal grants him a retrial after ruling there is a possible defence to the charges
• March 17, 2016 - Lyttelton is found guilty of all charges by a jury in the High Court at Auckland
• May 18, 2016 - Justice Asher jails him for seven years but notes the Parole Board will take into account the time he previously served.