The Crown and defence for one of the accused in a trial where a teen burglar had part of his finger sliced off have delivered their closing submissions to a jury.
Prosecutor Rebecca Mann says there were plenty of opportunities for William Burr and his son Shaun to get themselves away from two intruders who had broken into his Piopio home to steal his car during the early hours of October 1, 2020.
But, she submitted, instead of appeasing the teen and just giving him the keys - which were in Burr senior's jean pocket in his ensuite - as "a clear way out" before the shotgun was brought into the mix he didn't.
"William Burr didn't want to give up his keys again."
The next stage where it could have ended, she submitted, was when he had the pair on the floor at gunpoint.
He could have ordered them out of the house, "get them to leave his property or he would shoot".
To find them not guilty by self-defence, they would first have to decide what each of the accused believed the circumstances to be, "what did they actually think the circumstances were at the time of the violence with [boy and girl] there as they were on the kitchen floor".
Then, having regard to what they found the circumstances to be, whether the violence was used aggressively or defensively.
If out of aggression, then self-defence would not be available.
If they determined it was used defensively, the jury would then have to decide whether it was reasonable, along with what threat was posed to them at the time, and how serious and imminent it was.
They also needed to assess if there were ways they could retreat or disengage from the situation, "where a threat can be avoided by simply leaving".
The pair was charged jointly so although Burr junior meted out most of the assault on the boy, he was encouraged, or "procured" by his father, who told him what to do and when.
Mann said there was also persistence to Shaun Burr's actions by the hammering motion used to chop off the tip of the boy's finger.
Another stage the pair had a chance to flee was when Burr senior's neighbour, Bruce Palmer turned up along with Gary Woolston who was staying at his property.
"Four men, two vehicles making the range of options available to the men ever wider, with one retreating to a tree and hearing hammering of what sounded like wood.
"They were not asked for help by the Burrs. What they were concerned about when they arrived was whether [boy] was dead."
To prove he wasn't, Mann said Burr senior nudged the boy with his foot - "hardly the actions of a terrified man".
Then there was the stomping of the boy's back by Burr senior, an act which he denied.
"He would say that he had no choice ... having done that proudly, he smirked at Constable McNally and said 'don't you f****** yell at me in my house, you couldn't do something like this'."
She urged the jury to find Burr senior an "uncompelling witness" and put his evidence to one side.
'It's the most useless digit, anyway'
Burr senior's counsel Philip Morgan QC said both teen burglars acknowledged in their evidence that the boy was not "lying supine on the floor so these men could do what they wanted".
"Both of them acknowledged that [boy] was attempting to get up from time to time ... and [boy] acknowledged that he did have a knife in that left hand and he did intend to get up and stab William Burr and Shaun Burr."
Exactly what Burr senior had feared that night - that they would be stabbed - was correct, he said.
As for cutting off the tip of his pinky finger to label him a thief, Morgan said everyone already knew that the boy was a thief.
"He'd already done it three times. In what way is cutting off a digit of a pinky finger to brand him as a thief? Mr Burr's intention was to keep him there under his shotgun until the police got there.
"Is this really some medieval punishment that we've got here or is it more directed to Mr Burr's belief, quite correct, that the [boy] had a knife or some weapon under the left side of his body."
To find him not guilty of self-defence, the jury just had to understand the circumstances that Burr senior believed them to be.
"He believed [boy] to be a serious threat to him and that if he didn't keep [boy] on the floor ... he was a threat to both him and his son."
Morgan said Burr senior was "being punished here" for going with the "soft option" - not shooting him, but "whacking" him and keeping him on the ground.
He added there was no obligation on them to flee before the police got there.
"They were in the house awaiting police. Why should they have to rush away?
"Plainly, Mr Burr was acting in defence of himself and his son."
He added that on the maiming charges he faces, he didn't accept that it was maiming as the little finger "was the most useless digit".
"It was done for good reason."
Burr and his son, Shaun Burr, are defending multiple charges after allegedly attacking a teen burglar, who together with his girlfriend, broke into his home to steal his car.
'I couldn't flee, he was ringing up his friends'
Earlier, Burr said they couldn't have fled as he expected gang members to turn up at the scene.
Crown prosecutor Rebecca Mann put to Burr senior that both he and his son could have fled after getting the pair on the ground, but Burr senior said the boy had been on his phone likely calling his mates to the scene.
"He's on the phone. He's not ordering a meat lover's pizza, he's ringing his friends ... it wasn't a situation to run.
"Where do you go, where're his friends?
"There's a young group of Mongrel Mob wannabes, thugs, and in my mind, he was ringing them and they could have been down in two minutes."
Leaving the scene "didn't even cross my mind".
"If I had handed over my keys, he would have slit my throat."
Put to him by Mann that there wasn't a need for any more violence, Burr senior replied "yes there was, he wasn't knocked out".
Mann then responded that they wanted to keep punching him until he was knocked out and inflicted serious harm, but he said the boy kept swinging and kicking and they needed to contain the situation.
It was then Burr senior grabbed the piece of wood from behind the kitchen window and whacked him.
"First I hit him on the body but it was like hitting a big pillow."
He then struck him on the back of the right side of his head a couple of times, before hitting the other side of his head, with the hope he'd put both his hands up.
He did and that was when Burr junior saw the knife the boy was holding.
Mann replied that he was trying to inflict pain on him, Burr said, "yeah, some pain ... the intent was to get his hands up on his head so hopefully he would have enough sense to keep them there".
He said he didn't think he would have caused him serious harm by hitting him with the stick.
"He reacted by putting his hand up ... so it worked perfectly."
However, the boy put his hand down once Burr junior said he'd noticed the knife.
The pair then swapped weapons, Burr senior getting the shotgun back and Burr junior then started "bashing him on the back".
"I was getting kicked. Then I said to Shaun, 'hit his knees'," as the boy kept trying to stand up.
Mann put to him that even though the boy was begging for them to stop, they continued their attack.
"No, you're not in command of the facts. It didn't happen that way."
Burr senior also made a series of denials about his behaviour that day, saying he wasn't aggressive towards ambulance and police staff.
"I'm not aggressive. I might have been rude or loud but not aggressive."
He denied saying he had "beaten the s*** out" the teen boy, as testified by St John Ambulance officer Jan-Maree Pool.
"There were people around swearing, making allegations up."
He never said he thought the St John staff were "too PC for looking after black people".
"No. I deny saying that," he said.
He also disputed stomping on the back of the boy as he lay on the kitchen floor, instead saying he "put his foot" on his back as he walked over him after being told to "get out" by Constable Zoe McNally.
The defence and Crown have now closed their cases.
The trial is being overseen by Justice Grant Powell and it is hoped to wrap up tomorrow.