Murder victim in wrong place: Vic court

Benjamin Monteath was an innocent bystander in the wrong place at the wrong time when he was shot dead in Melbourne by a man trying to teach someone else a lesson.

The 39-year-old didn't know Jumer Selimovski, who had gone to the Epping home of Mr Monteath's friend, a mechanic, in May 2014 over a dispute about car parts.

A Victorian Supreme Court jury in April found Selimovski, 50, guilty of murdering the father-of-two, who died after he was shot in the chest as he left his friend's house.

While the truck driver has expressed remorse about the Monteaths losing a son, brother and father, Selimovski has distanced himself from responsibility for the death, the Crown told a plea hearing on Friday.

"He denied having gone there with the intention of killing someone ... he says 'I wasn't the man who pulled the trigger,'" Mr McWilliams said.

The truck driver told a consulting psychologist he doesn't think the jury got it right and doesn't accept their verdict, the court heard.

Mr Monteath's mother, Lynne, says she still doesn't understand how someone could risk another's life the way Selimovski did when he fired shots at the house on May 17, 2014.

"He didn't know any of you but you took him from us, ending his life and destroying ours," she said in her victim impact statement.

She said Mr Monteath's sons, aged five and three, constantly ask her "when is daddy coming down from heaven?"

Mr McWilliams said Justice Michael Croucher must consider in sentencing the differences between reckless and intentional murder.

Justice Croucher said the evidence points to Selimovski having gone to the mechanic's home to scare him.

"The stupidest harebrained plan to exact some sort of revenge," he said.

Mr Monteath had no knowledge of the dispute, and was only there to give a friend a lift, the judge said.

Evidence suggested Selimovski didn't realise people were coming out of the home.

"As it happens, it was a fluke that someone came out of the house," Justice Croucher said.

"Mr Monteath was some poor unlucky fellow who happened to be at the wrong place at the wrong time."

Selimovski will be sentenced on May 27.