A JURY is considering whether Glen Brian Duggan intended to kill former Tannum Sands woman Renee Peta Todd in April 2013.
Mr Duggan, who has pleaded not guilty in Brisbane Supreme Court to Ms Todd's murder, admits he put his hands on her throat but claims her death was accidental and could not have been foreseen.
Justice Ann Lyons on Thursday asked the jury to consider whether Mr Duggan was responsible for manslaughter if they decided he was not guilty of intending to kill Ms Todd.
The jury retired soon after noon on Thursday after the trial began on Monday.
Mr Duggan is accused of having drunkenly strangled Ms Todd in her Kingaroy townhouse out of revenge for a threat she made against him 18 months before.
Crown prosecutor David Meredith said Mr Duggan told police the day of the alleged murder he had been angry with Ms Todd for the threat and decided to kill her for it.
"She was just laughing and being silly. She lay on the ground so I put my hands on her throat," Mr Duggan is alleged to have said.
"That is the girl who threatened to slit my throat a year ago. I don't take lightly to that."
Mr Duggan admits he visited her unit, and attacked her - putting his hands on her throat - but denies intending to kill her.
Defence lawyer Callum Cassidy said Mr Duggan, who had been drinking for hours, could not have expected Ms Todd to die - and he did not have the intent which must be proved for him to be guilty of murder.
"That doesn't make him a murderer. It might make him a manslaughterer, depending on the circumstances," he said on Wednesday
After deliberating for around four hours the jury were sent home and will reconvene this morning.
- APN NEWSDESK
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