Son who stabbed abusive dad used 'unreasonable force' - Crown

Prosecutors and defence lawyers have finished summing up in the Auckland High Court case of a young man accused of murdering his father.

The man's lawyer claims the son acted in self-defence against an abusive father - but the Crown argues that although the father was a violent bully, the son's life wasn't at risk and he used unreasonable force.

The identities of both the son and father, as well as other details, are suppressed.

The chilling 111 call made on the night of the stabbing was played to the jury on Thursday.

The son is accused of stabbing his father to death at a south Auckland home last year. He admits the stabbing, but says he acted in self-defence to protect himself and his family from a violent man who had abused the family for years.

Defence lawyer Denise Wallwork called the deceased a "brutal bully who controlled and terrorised his family".

Prosecutor Gareth Kayes told the jury that although the father was at times violent, they should put aside their prejudice.

"To put it short, the defendant is still guilty of murder even if the person he killed was not likeable, whose actions you don't approve of," he said.

On the day of the incident, the father kicked and punched his wife so severely her eye was dislodged.

The family said the father continued to threaten them so they barricaded themselves into a house.

Defence lawyers say once the son believed his father had left the property, the son walked out of the house holding a butcher's knife.

The father punched the son, a struggle took place and the father was stabbed six times, including a deep cut to the chest.

The defence says the son was only holding the knife as a precaution.

"The terror was real, imminent and life-threatening," says Ms Wallwork.

She says the son's fear was amplified by years of abuse, including death threats, but the prosecution says he acted with unreasonable force.

"He knew the weapon he was using was a knife that could have fatal consequences, but he took that risk, he carried on anyway and his father died," said Mr Kaye.

"In taking that risk he is guilty of murder."

Justice Ailsa Duffy will sum up all the evidence tomorrow before the jury begins deliberations.


Contact Newshub with your story tips: