But after a day of submissions from counsel on Monday, Justice Chisholm made formal rulings which led to a change of plea after discussion between Grafton and his counsel.
Grafton yesterday admitted killing Mr Brennan by the unlawful act of assaulting him, thereby committing manslaughter. He was remanded in custody for sentence in Ashburton on November 23.
The summary of facts from Crown counsel Phil Shamy and Nicki Robson said Grafton had drawn attention to himself by trying to steal a bottle of wine from a supermarket in Edgeware Rd about 5.45pm on November 11.
He was confronted by staff, left the shop and walked across the road to the footpath outside the St Albans Pharmacy on the corner of Edgeware Rd and Colombo St. There he began speaking to other people and was seen lifting his arms, pointing towards the supermarket in an agitated manner.
He was shouting and screaming and picked up a rubbish bin, which he threw at a post.
At this time the victim, Mr Brennan, was walking along Edgeware Rd. He became involved in a conversation with Grafton who, for no reason, punched him on the side of the head. The sudden force of the "haymaker" punch gave Mr Brennan no time to react, the summary said.
He was immediately knocked unconscious, either from the punch to the head or from his head hitting the footpath.
Members of the public went to his aid and called an ambulance and he was taken to hospital where he died 11 days later.
When police spoke to Grafton he admitted punching Mr Brennan in the head, but said he did so because the victim punched him first and refused to give him any money.
