A teenager who stabbed a young rugby league star in the neck with a broken bottle accepts he is guilty of manslaughter but the Crown says the killing was clearly murder.
Vincent Angene Skeen, 17, is on trial in the High Court at Auckland charged with the murder of 17-year-old Luke Tipene.
The pair's paths crossed after a party spilled out on to the street and fights erupted.
It is alleged Skeen intervened in what was supposed to be a "one-on-one" brawl - actions to which Mr Tipene took exception.
The age-grade rugby league representative punched the defendant to the ground but he got up and sought retribution.
Crown prosecutor Brian Dickey cited evidence of Skeen grabbing a bottle from the back of a ute, which he allegedly smashed and used to attack Mr Tipene.
But defence counsel Lorraine Smith questioned that witness's testimony and cited others who had suggested her client had actually grabbed the glass shard from the ground.
"What's absolutely certain is that the defendant Vincent Skeen stabbed, punched or thrust a jagged broken beer bottle into Luke Tipene's throat, embedding it as far as 10 to 12 centimetres into the neck," Mr Dickey said.
The blow pierced the victim's jugular vein and he lost too much blood to survive.
Mr Dickey stressed to the jury that the Crown did not have to prove any element of premeditation in the alleged murder, only that the defendant knew the risks of an attack with the lethal weapon.
"[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?"
Mrs Smith said the jury must take into account her client was 16 at the time, was drunk and had just been punched when he lashed out.
"Vincent Skeen accepts and he's always accepted he's guilty of homicide. He accepts he did an unlawful act and his act killed another young man," she said.
"What he doesn't accept is that when he struck out at Luke Tipene he attempted to kill Luke or appreciated for one moment Luke might die."
Justice Mark Woolford will sum up the case today before the jury retires to consider its verdict.