An angry man who gunned down an innocent bystander on a street in southwest Sydney while feuding with two brothers has been jailed for at least 10-and-a-half years.
Mathew Glenn Russell pleaded guilty in December to manslaughter on the basis of excessive self-defence and defence of others, after he shot 46-year-old Qusay Jabbar Al Mhanawi in the head as he sat in his car in Heckenberg in March 2016.
In addition, a jury found the 31-year-old guilty of discharging a firearm with intent to cause grievous bodily harm to Tyson Parker and Latu Vakuata - who also lived in the area - that same evening.
Acting Justice Peter Hidden in the NSW Supreme Court jailed Russell for 14 years with a non-parole period of 10-and-a-half years on Friday.
He said the crimes were aggravated by the gun being fired in a public street "posing a real danger" to the safety of the community.
"The shot was fired in circumstances where there was a very real risk of death or a serious injury to an innocent bystander," the judge said.
"Tragically, that risk came home."
Russell told a forensic psychologist ahead of sentencing that he learnt "the bad habit of reacting to disputes with violence" from his father, but knew this was not "the right way" to behave.
The killer said Mr Al Mhanawi was "just an innocent person who got caught in my anger."
The judge said for a period of time before the incident, there had been "ill feeling" between the offender and the men - Mr Parker and Mr Vakuata - likely due to "provocative conduct" on the part of Russell.
Acting Justice Hidden accepted that on the afternoon of the offending, Mr Vakuata was shouting what amounted to threats to kill Russell and his girlfriend.
Mr Parker later joined his brother in calling out what amounted to a threat to kill Russell and a rock was thrown at the offender's car.
Russell had armed himself with a .32 calibre pistol and fired up to six shots at the two brothers.
One bullet entered above the right ear of Mr Al Mhanawi, who lived on the street with his parents, and was recovered from his left cheek. His post-mortem examination also revealed injuries from glass fragments.
He died at the scene.
Mr Al Mhanawi had been about to drive off and collect his mother from a nearby shopping centre. His bloody death was witnessed by his father.
It was accepted by the defence that the shot that killed Mr Al Mhanawi was intended to injure Mr Parker.
Russell's sentence was backdated to his arrest, meaning he'll be eligible for parole from September 2026.
Australian Associated Press
