Hung jury in Luke Tipene murder trial

17-year-old Luke Tipene died after being a fight in Grey Lynn. Photo / Supplied via Facebook

The jury on the Luke Tipene murder trial has reached a stalemate and been discharged by the judge.

Vincent Angene Skeen, 17, has spent the last two weeks on trial in the High Court at Auckland after he killed 17-year-old rugby league rising star on November 1 last year.

A jury of six men and six women deliberated for more than a day and a half before informing Justice Mark Woolford they could not come to a unanimous or majority agreement.

Friends and family of the victim walked out when it became clear no verdict had been reached.

Skeen's family and friends shouted messages of support when he was led away to the cells.

He was remanded in custody until later this month when a new trial date will likely be set.

Mr Tipene's uncle Sean Wilson was dejected by the outcome.

"Having to relive this has been pretty difficult for the family and now having to go back and relive it again, it's frustrating," he said.

"The right decision needed to be made. But I think for both families they would've liked a decision."

He said the last 10 months had been "traumatic" but thanked everyone who had lent their support to the family since the teen's death.

Mr Wilson said he still had faith in the justice system.

"Hopefully at some stage we can get the right result," he said.

"I don't really want to do this but we have to go through this process. I wouldn't wish it on anyone."

At the outset of trial it was conceded by Skeen's lawyer Lorraine Smith that her client was guilty of manslaughter.

But the hung jury means he was not convicted on any charge and there will now likely be a retrial with 12 new jurors.

The defendant and victim - who were not known to each other before that night - each arrived in Grey Lynn as partygoers spilled out on to the street in the early hours of November 1.

It was alleged Skeen intervened in what was supposed to be a "one-on-one" brawl between his friend and the Mr Tipene's friend - actions to which the rugby league starlet took exception.

The national age-grade representative punched the defendant to the ground but he eventually got up and sought retribution.

After allegedly smashing a beer bottle, Skeen held the "glass dagger" while flailing his arms at Mr Tipene.

One of blows penetrated the victim's neck up to 12cm and pierced his jugular vein.
Witnesses gave evidence of blood squirting from the boy's neck as he staggered off and he eventually died in hospital.

Mrs Smith said her client was guilty of manslaughter for his "silly and dangerous" acts but did not mean to kill Mr Tipene or appreciate the harm he could have caused during those brief moments.

But Crown prosecutor Brian Dickey said it was a clear case of murder.

"[Skeen] achieved what he set out to do. He got him and he got him real good. He killed him," the prosecutor said.

"What more do you want for murder than that?"

The Crown will now decide whether there will be a retrial for Skeen.