A Muslim youth has been jailed for three years for killing his uncle after he made a homosexual advance.
Amsheen Arif Ali, now 17, of Papatoetoe was cleared of murdering his uncle by marriage, Colin Hart, but was found guilty of his manslaughter.
In the High Court at Auckland yesterday, Justice Hugh Williams said Mr Hart had made what Ali considered a homosexual advance, hugging him and rubbing his hands over his body and trying to kiss his neck.
At the trial there was evidence that Mr Hart was attracted to young Indian boys, and the judge said that his actions on the evening of last October 26 could have confirmed what Ali had heard of his uncle's proclivities.
According to Ali, who was 16 at the time, he rebuffed and pushed his uncle away a number of times, but the advances continued.
Justice Williams said the jury must have accepted that Ali had lost self-control and stabbed Mr Hart five times in the back, chest and neck.
Ali had told jurors that he feared he was going to be raped.
The court heard that Ali drank a small amount of alcohol and took some cannabis that Mr Hart had given him during a barbecue at Mr Hart's Mangere address.
Defence lawyer Mary Tuilotolava said that when Ali - a devout Muslim - was kissed, he deliriously grabbed the knife, believing he would be raped.
"The deceased committed a serious breach of trust in that he tried to force himself sexually on a young and drugged boy," she said.
Justice Williams said it was significant that afterwards neither Ali nor an associate called police or an ambulance and did nothing to help the injured man.
Ali took Mr Hart's car and drove aimlessly round Auckland with his friend and two other people.
Ali told them he had killed someone, but the judge said it might be noteworthy that the youth made no mention then of any homosexual advance.
Ali then dumped the car after wiping off his fingerprints and taking the radio and CD stacker in an effort to make it look like a "botched job".
The Crown, represented by Mina Wharepouri, said Ali's behaviour after the stabbing had an element of "callous indifference" but the defence said it was shock-induced denial.
The prosecution sought a six-year term, while the defence asked for a sentence of no more than two years to allow Ali to apply for home detention.
Justice Williams took into account mitigating factors, including Ali's age, lack of previous convictions, his faith, naivety and the need for rehabilitation.
Ali was sentenced to three years and a concurrent 12 months for car conversion and theft.
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