The man who killed teenager Eli Holtz after the youth shot at him with a water pistol in central Auckland is appealing his seven year jail sentence.
Myron Robert Alf Felise was jailed in February 2019 after pleading guilty to one charge of manslaughter.
At the High Court at Auckland, Justice Gerard van Bohemen sentenced him to seven years in jail and he was ordered to serve at least half of the sentence.
On Monday at the Court of Appeal, Emma Priest appealed Felise's sentence in front of Justice Forrie Miller, Justice Simon Moore and Justice Robert Dobson.
Members of Holtz's family were present at the hearing and Felise appeared via an audio visual link from prison.
Felise had been drinking at Father Ted's pub on Wellesley St on January 27, 2018. He was walking on Queen St when Holtz, who was a passenger in a car, shot him with a Sniper King water pistol, the court heard.
Holtz, 18, was violently attacked while he sat in the car at traffic lights. He was put on life support in Auckland City Hospital but died the next day.
Felise walked towards the Toyota Starlet Holtz was in, despite a friend trying to restrain him.
"Upon reaching the passenger side ... Felise punched Holtz in the face, then he reached inside the vehicle and picked up the water gun and used it to strike Holtz in the body, breaking it," the court previously heard.
Holtz was punched a further five times despite trying to defend himself. Footage of the incident was captured on CCTV and Holtz can be seen losing consciousness after two further blows.
The force of the punches caused Holtz's head to jolt backwards and sideways. Holtz was seated and restrained by a seatbelt throughout the attack.
Felise's friend then pulled him away and led him back to a car, before Holtz's friend who had been driving sought directions to the nearest hospital.
On Monday, Priest said Justice van Bohemen should have taken Felise's post traumatic stress disorder (PTSD) into account when sentencing him.
"Its entirely indicative of the mental illness he was suffering," Priest said.
However, Justice Miller said there was no evidence in the CCTV footage of the attack of a "sudden reaction" and there was a "great deal of force" used.
Priest said Felise's PTSD would have been triggered by his consumption of alcohol on that night and it warranted mental health discounts at sentencing.
"He effectively saw red and was unable to stop," Priest said.
She said Felise had never addressed his PTSD and the focus should be on rehabilitation and reintegration, Priest said.
Priest said when Justice van Bohemen imposed the minimum non parole period, it took away the ability for Felise to have treatment and undertake courses.
"This is a case of a young man who previously didn't take opportunities and has now shown a willingness to engage ... and get psychological treatment for his PTSD."
Crown prosecutor Emma Smith said Justice van Bohemen was correct when he described the attack as a "drink-fuelled, gratuitous attack on a young and vulnerable person".
Smith said the judge did not impose a manifestly excessive jail sentence and PTSD was not a causative reason for his offending.
"This wasn't a startle reflex."
SIX FATAL BLOWS
At sentencing, Holtz's eldest sister Chanelle Armstrong addressed the court in te reo asking for help to deliver her message to Felise.
"During the assault you landed six punches. Six. Such a small number with such a heavy consequence...with every blow you took something from me," Armstrong said.
After an innocent squirt of water, Felise appointed himself judge, jury and executioner, Armstrong said.
Felise was one of the men charged with the murder of Manurewa liquor store owner Navtej Singh in 2008.
Six south Auckland men, including Felise, were on trial for the murder and aggravated robbery of Navtej Singh, 30, who was shot on June 7, 2008 while working in his store, Riverton Liquor, in Auckland's Manurewa East. He died the next day.
Felise was found not guilty of murder or manslaughter and was convicted of aggravated robbery.
The Court of Appeal reserved its decision.