Prosecutors are seeking a life sentence for a man who bashed a rough sleeper to death simply because he was in the wrong place at the wrong time.
Kevin James Pettiford said he went back and forth in his mind about whether to kill 56-year-old Andrew Murray, who in November 2019 was sleeping rough in Tweed Heads, in far-north NSW.
The 38-year-old was arrested soon after intentionally bashing Mr Murray to death with several large rocks, making a full confession to investigators.
A jury rejected a plea of not guilty on the grounds of mental impairment in December, finding Pettiford guilty of one count of murder and another count of attempted murder over a later incident in which he attacked a fellow inmate.
Crown prosecutor Brendan Campbell told a NSW Supreme Court hearing on Thursday that a term of life imprisonment was the only suitable punishment given the circumstances of the crime.
“It was a brutal, callous killing, falling in my submission in the worst category," he said.
“It represented a denial of Mr Murray’s humanity."
Pettiford sat hunched in the dock wearing prison greens as the court weighed his fate.
Mr Campbell urged the court to reject a defence assertion Pettiford had some form of bipolar disorder and was in a manic state at the time.
He pointed to Pettiford having weighed up whether to commit the murder as evidence the attack was premeditated and the killer was not in the grips of a manic episode.
The 38-year-old also delayed attacking an inmate, Nathan Mellows, on two occasions, one because he wanted to watch Test cricket on television and another to watch a Star Wars movie, the court heard.
Defence barrister Jason Watts said there were different degrees of manic episodes and Pettiford's presentation had been different since he started on his current regime of psychiatric medication.
Mr Murray's daughter Kate told the court Pettiford had deprived her of a future with her father, who had a "wicked sense of humour" and was often too smart for his own good.
"My father didn’t get the chance to walk me down the aisle at my wedding or have a father-daughter dance that I’ve seen so many of my friends enjoy," she said in a victim impact statement.
"He won’t be here to see the birth of his first granddaughter."
Ms Murray said the loss of her father was made worse by the circumstances of his death.
"Our family suffers from profound sorrow and anger ... from one choice - one evil choice," she said.
Pettiford said he had the impulse to kill from a young age, telling police it got "worse" as he got older and he did not know why.
He described himself as "emotionless" during the attack, striking Mr Murray five or six times in the temple with three large rocks.
"He was at the wrong place at the wrong time. That was it," he told police.
The matter has been listed for sentence on March 27.
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