The jury in the trial of a man accused of murdering two-year-old JJ Lawrence has returned from deliberations to ask a question.
Jurors are considering whether 29-year-old Joel Loffley murdered JJ, who died at his east Auckland home on November 14 last year.
They retired around 3pm yesterday after Justice Patrick Keane summed up the trial, which is now into its third week.
The Crown alleges Loffley struck the toddler with such force it was as if he had been hit with a hammer – a blow which split his liver and pancreas in half.
This afternoon jurors returned to ask about the definition of intent just before and during the alleged attack.
Judge Keane said if the jury accepted Loffley had caused an injury to JJ that was not just passing or slight, then to satisfy the condition he intended to do it Loffley must have accepted the risk before and during inflicting the blow.
He said the jury had to be satisfied about Loffley’s state of mind just before and at the time of inflicting any force on JJ.
Loffley's lawyer Roger Chambers said the Crown had not provided clear and compelling evidence that Loffley had killed JJ.
Justice Keane told jurors when summing up the case yesterday that emotions were understandable with the death of a two-year-old, but they can't be swayed by them and must decide the case on the evidence presented.
The jury has been deliberating for more than six hours.