A TEENAGE boy who fatally stabbed another boy acted “rashly and recklessly” but not murderously, a court has heard.
Jack Woodley, 18, died from a single stab wound after being attacked in after leaving Houghton Feast funfair, in Houghton-le-Spring, last October.
A 15-year-old boy admits manslaughter but denies murder. Nine others, all aged 14 to 18, deny both charges.
The killer's lawyer told Newcastle Crown Court the boy accepted he was to blame but did not intend it.
Read more: Closing prosecution speech made to Jack Woodley murder trial jury
Mr Woodley was attacked near The Britannia pub on October 16 last year.
The prosecution says the 10 youths had acted like a team in the attack on Mr Woodley, which included punches, kicks and stamps to his head as well as the knife wound.
It is said that during the mob attack Mr Woodley suffered a fatal stab wound to the back, with a Rambo-style hunting knife, from which the 18-year-old, originally from Newton Aycliffe, but living in the Sunderland area at the time, died in hospital the following night.
Nicholas Lumley, QC, who is representing the knifeman, urged the jury to put emotion aside and focus on the facts.
Mr Lumley also urged the jury to consider what had happened in the "quick chaos" of "real time" rather than slowed down footage of "frame-by-frame" analysis caught on CCTV and mobile phone footage.
"The reality in real-time is that however many times you watch it, what happened in real time was rash and reckless certainly, but nothing more than that," Mr Lumley said, adding: "Mindless violence? Yes. Murder? We say no."
He added the actual moment the fatal blow was struck was not caught on camera and the prosecution had sought to fill the gaps.
The boy claimed he had got the 25cm-long knife out to scare people and it cut into Mr Woodley "accidentally".
He said the knife had caused a 7cm deep wound which, though it proved fatal, showed the boy had not actually meant to stab Mr Woodley.
"Why was that hideous knife only used for a tiny proportion of its lethal length?" Mr Lumley said, adding: "Not only is it a possibility [the boy] did not have murderous intent but it complies with the evidence."
Read more: Convicted killer has 11 years added after attack on inmate in Durham prison
Mr Lumley said the boy would "live for the rest of his life knowing that Jack is dead and it is his fault", but he should not be labelled a murderer as he had not intended for it to happen.
Mr Lumley said the boy had lied to the police about his involvement and "not made it easy" for jurors to believe him, but he urged them to remember his young age.
David Lamb QC, representing a 16-year-old boy who ran up and punched Mr Woodley from behind triggering the attack, said his client had only ever intended to have a "one on one" fist fight with the victim.
Mr Lamb said: “He was not wearing his hood up or a mask or disguise of any kind. You may thank that is powerful evidence there was no intent or desire on his part to hide what in fact was about to do or what he did do.
“All that he intended that night was a few punches. His lack of hood also distinguishes and separates him from others.
“It is yet further support you may think for him not being part of the team. You may think he is no more the team water boy rather than the centre forward, as part of that team.”
He added: “(My client) did not expect a knife to be taken to a fist fight. The reality is that, but for the stab wound to his back, Jack Woodley would not have died.
“And had (he) not inflicted that fatal wound (my client) may not have been stood in the dock of the crown court before you staring down the barrel of an extremely long sentence.”
The trial continues.
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