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Lachlan Johnson, pictured here in May 2021, was found guilty of manslaughter. (File photo)
After an hour of deliberation, a jury found a man from Taranaki guilty of manslaughter, not the murder charge for which he was on trial before the Supreme Court.
The trial of Lachlan Alexander Johnson began on Monday and ended on Friday with the unanimous verdict of the jury at 4:45 p.m.
The jury of 11 had only an hour to reach a decision, because one resigned after contracting Covid-19.
Johnson had been charged with murder, but if they couldn’t come to a decision, the crime had been committed beyond a reasonable doubt, then manslaughter was an option.
DELIVERED
Mitchell Mosen, 30, died in August 2020 from a gunshot wound to his chest outside his home in Egmont Village. (File photo)
During closing arguments on Lachlan Alexander Johnson’s New Plymouth Murder CaseHis attorney Paul Keegan said there were two “fatal errors” associated with the August 22, 2020 shooting of 30-year-old Mitchell Mosen.
Keegan said the first was with Mosen himself, who had been drinking and was angry when he attacked Johnson on the side of Korito Rd, in Egmont Village, over lighting Chinese lanterns.
He said Mosen chose “the wrong person” to confront Johnson, who was also drunk and hot-tempered.
The second mistake was what Johnson chose after the fight, as he drove home, grabbed his gun and went to Mosen’s property, Keegan said.
Johnson, 57, previously pleaded not guilty to murder and his trial in the High Court in New Plymouth began on Monday.
From the outset, the defense said there was a clear acceptance that Johnson was responsible for Mosen’s death, but that he had no intention of killing him.
This week, the court heard six shots fired during the couple’s confrontation after Johnson arrived at Mosen’s address with the gun.
One hit Mosen in the foot, four shots hit parts of the house, while another caused the fatal chest wound.
Iain McGregor / Stuff
A jury of 11 adjudicated whether Lachlan Johnson was guilty of murder or manslaughter after a juror resigned after contracting Covid-19. (File photo)
In his closing words Keegan was referring to the 111 call Johnson made shortly after the shooting.
In the conversation, Johnson said he “shot the guy” who beat him up. Arrested shortly afterwards, he repeatedly told police that he had shot Mosen in the foot.
Keegan said this highlighted how Johnson did not know Mosen had died, undermining the Crown’s argument that he was shooting to kill.
“How can you plan to do something you didn’t know was happening,” Keegan said.
In his closing address to the jury, Prosecutor Justin Marinovich said the Crown would not shy away from pursuing a murder charge against Johnson, as the evidence showed he had intent to kill, or injure, Mosen. who probably would have killed him.
Marinovich said the case came down to what Johnson had in mind during the five minutes it took to drive home after his argument with Mosen along the road, pick up his loaded semi-automatic shotgun, travel to the victim’s house. and fire the weapon.
He also referred to Johnson’s repeated references to police that he had shot Mosen in the foot and that the accused seemed surprised to find that he had died.
Marinovich argued that while Johnson may have been unsure of the outcome after leaving the Mosen home after the shooting, that was no reason to rule out his murderous intentions when he fired the gun.
Twenty-one witnesses were called as part of the Crown case, and the defense has not called any evidence.
Justice Helen Cull has placed Johnson in custody ahead of his October 4 sentencing date.
This is Johnson’s second time on trial for murder. A hearing in August 2021 ended after a verdict could not be reached due to a hung jury.