The jury in the trial of a man accused of murder has been told it can consider manslaughter if members are not sure he intended to kill.

The Honourable Mr Justice Garnham has been directing the jury at Truro Crown Court this afternoon, in the trial of Lee Kendall, following the conclusion of evidence yesterday.

Kendall is on trial charged with the murder of Michaela Hall in Mount Hawke, to which he has pleaded not guilty.

The prosecution and defence are due to close their cases tomorrow, before the final summing up from the judge, when jury deliberations can begin.

During the course of the trial 43-year-old Kendall has admitted stabbing her in the eye but claims it was an accident after an argument about a sweet and sour dinner.

READ MORE:

Today, Mr Justice Garnham told the jury that, if they found themselves unsure that Kendall intended to kill Michaela, they could move on to consider if he was guilty of manslaughter.

First, however, they must decide on four questions in relation to the murder charge.

That Kendall held the knife that went into Michaela's eye, and that she died as a result of that happening, are not disputed. However, the jury must be sure that Kendall deliberately stabbed her in the eye and that he intended to kill her, or cause her really serious harm in doing so, in order to find him guilty of murder.

"Therefore the crucial consideration is whether the defendant acted deliberately in stabbing Ms Hall or whether the injury was caused inadvertently during the struggle between them," said the judge.

"It's the defendant's case he was drunk and under the influence of drugs at the time the injury was caused to Ms Hall.

"If you think the defendant was, or may have been, so drunk that he did not form an intention to kill or cause Ms Hall really serious injury you must find the defendant not guilty of murder.

"But then you must consider an alternative verdict of manslaughter."

This, he said, could be either 'no intent manslaughter,' if he deliberately stabbed Ms Hall in the eye and this resulted in her death (but he had not intended this), or alternatively 'unlawful act manslaughter'. This would be found if the jury believed Kendall armed himself with a knife, and that by engaging in a struggle with Ms Hall he acted in a manner that any reasonable person would realise would put her in the way of serious harm.

However, if the jury believed on the evidence that Kendall deliberately stabbed Ms Hall with the intention to kill or really seriously harm her then they must find him guilty of murder, said the judge.

The trial continues.