Vic killer's bid to cut sentence dismissed

Samuel Morrison stabbed a man dead then kicked him in the head because he was angry he'd probably go to jail for a long time.

On Tuesday, the Court of Appeal in Victoria rejected the 31-year-old's bid to have his 20-year prison sentence over the killing reduced.

Morrison fatally stabbed Dylan McCowan in 2013 after a tit-for-tat dispute sparked by an assault in an Orbost pub ended in the father of one's death.

Morrison was at a hotel in November 2012 when assaulted by someone he believed was a member of the McCowan family.

Three months later, when Lochlan McCowan, the younger brother of Dylan, was walking past Morrison's house, Morrison approached him and hit him in the face.

Lochlan McCowan fell to the ground, fractured his wrist and suffered injuries to his face.

Dylan McCowan later went to Morrison's to "have it out" with him over the attack on his brother.

The two men struggled and Morrison sustained a slash wound across his chest.

He stabbed Mr McCowan, inflicting wounds to his arm and back.

When Mr McCowan turned to leave, Morrison said "I'm going to kill you" then fatally plunged the knife into his left shoulder.

He was jailed for 20 years, including six months for a charge of intentionally causing serious injury to Lochlan McCowan.

Morrison sought to have his sentence reduced on the grounds the judge did not give enough weight to mitigating factors, including the significant injury he sustained during his fight with McCowan.

Justices Phillip Priest, Stephen Kaye and Ross Robson dismissed the appeal.

In their reasons they referred to sentencing Judge Paul Coghlan's finding that Morrison had acted out of anger.

"After the incident, the applicant washed the knife and concealed it, then crossed the road and kicked Dylan McCowan in the head," Justice Coghlan said.

A report by forensic psychiatrist Andrew Carroll revealed Morrison said he did so because he knew Mr McCowan was going to die and was angry he would go to prison for a long time.