A Mandurah man convicted of killing Adam Eric Hall on Day Road in 2014 was sentenced to eight years and 10 months’ immediate imprisonment last week.
Damian Degioannis, 31, faced sentencing in the Supreme Court of Western Australia last Wednesday.
This followed a trial which ran between February 25 and March 4 of this year in which Degioannis was found not guilty of murder, but guilty of the manslaughter of Mr Hall.
Mr Hall died after being shot by Degioannis between 11.45pm on November 13 and 12.05am on November 14, 2014.
The court heard Degionannis was inside his Day Road property when Mr Hall went to the address.
A verbal altercation took place out the front, with Mr Hall saying, “Go on then. Get your gun. Be the big hero”.
Following that remark, Degioannis obtained a sawn-off rifle from inside his house and approached Mr Hall, who he then shot in the upper chest from a range of three to four metres.
A second shot fired bu Degioannis failed to strike Mr Hall, who fell to the ground after the first shot.
Court transcripts showed several people tried to resuscitate Mr Hall before he was rushed to Peel Health Campus where he later died.
Immediately after the shooting Degioannis fled the area, sparking a full-scale manhunt.
A victim impact statement from Mr Hall’s sister described her love for her brother and referred to the care Mr Hall gave to their sick mother.
Justice Ralph Simmonds’ sentencing remarks referred to a “grossly disproportionate response” from Degioannis with regard to conflict with Mr Hall on the night of his death.
“You had considered the victim a friend, having known him for two years, he having purchased drugs for you,” Justice Simmonds said.
The judge referred to Degioannis’ “difficult” upbringing at the hands of an abusive father.
Justice Simmonds considered other mitigating factors for Degioannis’ offending including the “matter of remorse, victim empathy and willingness to facilitate the course of justice and the facilitation of the course of justice”.
He said there were prospects of rehabilitation for Degioannis.
A pre-sentence reported detailed Degioannis’ drug use, but made note of the fact he had ceased using drugs in the weeks leading up to Mr Hall’s death.
The author of the report indicated Degioannis may benefit from a cognitive skills program to assist with problem solving and interpersonal skills. A substance abuse program was also suggested.
The sentence handed down by Justice Simmonds was backdated to November 16, 2014, to take into account time already served by Degioannis.
Degioannis was made eligible for parole, with his earliest release date six years and 10 months from the backdated sentence start.
