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Twice sentenced for one crime: key facts

NZ NewswireNZ Newswire 18/05/2016

HOW WAS MARTIN LYTTELTON JAILED TWICE FOR THE SAME OFFENCE?

THE CRIME

* Lyttelton, then aged 49, went to former business partner Richard Ord's house with a shotgun, ammo and a skinning knife in April 2008

* He shot Mr Ord's partner, Colleen Fenton, through a door before getting into a struggle with Mr Ord over the gun

* After trying to stab Mr Ord, Lyttelton eventually gave up

FIRST TRIAL

* Lyttelton pleaded guilty and was sentenced to five years and 11 months in jail

* He served about half of that and was paroled in 2011

APPEAL

* In 2014 Lyttelton successfully applied to the Court of Appeal to throw out his original guilty plea - saying he wasn't mentally fit at the time due to his depression and a drug overdose

* A new trial was ordered at the High Court at Auckland

SECOND TRIAL

* The Crown argued Lyttelton had murderous intent when he went to Mr Ord's house

* He faced charges of aggravated robbery, attempted murder and causing grievous bodily harm

* Lyttelton, now aged 57, said he actually planned to commit suicide in front of Mr Ord and never wanted to kill him

* A jury found him guilty on all three charges in March 2016

THE NEW SENTENCE

* Without a discount for pleading guilty, Justice Raynor Asher handed Lyttelton a seven-year-sentence

* He said the Parole Board would decide how much more time Lyttelton will have to serve and he's been remanded into custody

WHAT NOW?

* The Parole Board says it has to review the judge's notes before deciding whether he needs to actually serve any more time

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