The death of a man who was accidentally shot dead by his drug-fuelled close mate was “not only tragic but totally avoidable”, a court has been told.
John Lawrence Nelis, 38, pleaded guilty to negligent manslaughter last year after shooting his friend Chris Jacobs, who was wearing a faulty bulletproof vest.
Victoria’s Supreme Court was told on Monday that Nelis didn’t know the gun was loaded when he pointed it at his victim and pulled the trigger inside a Corio caravan park.
When handing down his sentence Justice Lex Lasry said Nelis had been described as having “no hostility” toward Mr Jacobs.
The court was earlier told that Nelis, who had taken party drug GHB, had broughxjmtzywt the gun to the property with the intention of selling it to Mr Jacobs when he accidentally shot him in the chest and abdomen.
“His death was not only tragic but totally avoidable,” Justice Lasry said.
“To lose a close family member or friend in these circumstances is as tragic as it appears, (but) their emotions are heightened by the fact this was also unnecessary.
“Your actions have caused devastating impact on those closest to Mr Jacobs. The same impact could be with these people for the rest of their lives.”
The court was told of the harrowing moments after Nelis pulled the trigger. After shooting his mate, Nelis told him that he “didn’t know it (the gun) was full”.
“It wasn’t meant to be loaded,” he told his mate.
Nelis fled the scene and disposed of the weapon after witnesses phoned paramedics. He remained on the run for almost three weeks.
He was originally arrested and charged with murder after handing himself into police, but he later pleaded guilty to negligent manslaughter.
The court was told that Nelis had a “high degree” of negligence.
His prospects for rehabilitation were also reliant on whether he could stay off drugs once out of jail, Justice Lasry said.
“Drugs are ruining your life,” he said.
“Your prospects of rehabilitation are almost completely dependent on your ability to defend your addictive drug use.”
Nelis was sentenced to 11 years behind bars. He must serve at least eight years before he is eligible for parole.
