Farmer who 'tripped on eggplant' before shooting man has court win
A bid to increase the jail term for a Victorian farmer who stumbled, possibly on an eggplant, and shot a man dead, has been knocked back.
Angelo Russo was jailed in 2018 for five years after pleading guilty to the manslaughter of David Calandro at a Goulburn Valley farm the previous year.
The Director of Public Prosecutions argued the sentence was manifestly inadequate but the Court of Appeal on Thursday knocked back a bid to increase it.
Angelo Pat Russo shot and killed David Calandro, who ran over a farm dog who barked at his tyres while he drove down the driveway. AAP
Tthe eggplant that caused Angelo Russo to trip and fatally shoot David Calandro. AAP
The shotgun used to kill Mr Calandro was faulty. AAP
Mr Calandro was killed in the driver's seat of his ute in front of his two sons shortly after running over and injuring Russo's dog in February 2017.
Russo put his dog out of its misery and was still holding the shotgun when he approached Mr Calandro's ute.
David Calandro was shot dead in front of his sons. Nine
Sentencing judge, Justice Michael Croucher, said he stumbled "possibly on an eggplant" and this caused the barrel of the faulty gun to hit the driver's side window and fire.
Russo had not known the gun was faulty.
Justice Croucher said the circumstances involved "a good deal of bad luck" and handed Russo a two-and-a-half-year non-parole period.
The Court of Appeal today found the sentence was "very lenient".
"We would have imposed a higher sentence and fixed a longer non-parole period. But that is not a proper basis for allowing the Director's appeal," it said.
The "unique circumstances" of the case meant the sentence was not manifestly inadequate, the court found.
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