WINDSOR - A jury has found a Leamington man not guilty of second degree murder, but instead guilty of manslaughter in the death of his wife.

Cheng Sun,53, was charged with murdering his wife Weqiong Du-Sun with a hammer back in June of 2017.

“This isn’t a situation where by any means where Mr. Sun is walking out the door for a quiet a few years,” says Defence lawyer Frank Miller.

The court heard 46-year-old Du-Sun's body was found inside the break time corner restaurant in Leamington with a string around her neck, burnt money on her body and injuries showing she had been repeatedly struck in the head at least 10 times with a claw hammer.

“This is just a tragic case of two decent people going to place as a result of a whole series of events over two years that they should've never have gotten to,” says Miller.

Closing arguments were expected to be given Monday, but the 13 person jury was sent home.

Tuesday morning the defence didn't question whether or not Sun had killed his wife, saying this wasn't about innocence or guilt, but if the charge should be second degree murder or manslaughter.

Miller told jurors Sun doesn't get to walk away from this.

Miller claimed sun had "lost his mind" after being provoked by his wife with a knife and is adamant that Sun doesn't remember killing Du-Sun.

The assistant Crown attorney said that was "a convenient explanation" for sun's actions and that there is no evidence of provocation.

Ilana Mizel pointed out to the jurors there was no evidence of a knife at the scene and that Sun failed to mentioned a knife in his interview with police.

The defence said police never asked about a knife and told the courtroom Sun's English was very limited.

During the trial, which started earlier this month, jurors heard the couple was in an unhappy marriage and that Du-Sun was leaving to go back to China.

On Friday, a date with be chosen to make sentencing submissions.