Guilty: Man ‘attempted to kill’ dead body
A VICTORIAN man could face years in jail for attempting to murder a man who was already dead.
Daniel Darrington, 39, was found guilty by a Supreme Court jury in October of attempting to murder Rocky Matskassy, 31 —after he was already most likely to have been dead.
The two men were fighting over a gun in March last year when the weapon discharged, its shot likely killing Mr Matskassy. The 31-year-old victim was lying bloodied on the floor when Darrington shot him again, believing he was still alive, the Victorian Supreme Court was told on Wednesday.
Darrington had seen Mr Matskassy’s body twitch after the initial gunshot and wanted to put him out of his misery, defence barrister John Desmond told the court.
He was drunk, in shock, and believed Mr Matskassy was “all but fatally wounded”.
“He makes the extremely poor decision to fire off the second shot,” Mr Desmond told Darrington’s plea hearing.
But Justice Paul Coghlan said that was an irrational response.
He said Darrington, 39, intended to kill Mr Matskassy and believed he was alive at the time he shot him.
He could have called triple zero or taken Mr Matskassy to hospital and they wouldn’t be in the position they were, Justice Coghlan said.
The court heard Darrington assaulted Mr Matskassy after the pair argued at an associate’s Melton South home on March 21. Mr Desmond said it was Mr Matskassy who then produced the gun. Justice Coghlan said he might not be able to rule on where the weapon had come from.
A jury in October found Darrington not guilty of murder, but guilty of attempted murder.
Crown prosecutor Peter Rose QC said Darrington should receive a significant sentence as he clearly intended to kill Mr Matskassy at the time he fired the second shot.
He faces up to 25 years in jail.
A VICTORIAN man could face years in jail for attempting to murder a man who was already dead.
Daniel Darrington, 39, was found guilty by a Supreme Court jury in October of attempting to murder Rocky Matskassy, 31 —after he was already most likely to have been dead.
The two men were fighting over a gun in March last year when the weapon discharged, its shot likely killing Mr Matskassy. The 31-year-old victim was lying bloodied on the floor when Darrington shot him again, believing he was still alive, the Victorian Supreme Court was told on Wednesday.
Darrington had seen Mr Matskassy’s body twitch after the initial gunshot and wanted to put him out of his misery, defence barrister John Desmond told the court.
He was drunk, in shock, and believed Mr Matskassy was “all but fatally wounded”.
“He makes the extremely poor decision to fire off the second shot,” Mr Desmond told Darrington’s plea hearing.
But Justice Paul Coghlan said that was an irrational response.
He said Darrington, 39, intended to kill Mr Matskassy and believed he was alive at the time he shot him.
He could have called triple zero or taken Mr Matskassy to hospital and they wouldn’t be in the position they were, Justice Coghlan said.
The court heard Darrington assaulted Mr Matskassy after the pair argued at an associate’s Melton South home on March 21. Mr Desmond said it was Mr Matskassy who then produced the gun. Justice Coghlan said he might not be able to rule on where the weapon had come from.
A jury in October found Darrington not guilty of murder, but guilty of attempted murder.
Crown prosecutor Peter Rose QC said Darrington should receive a significant sentence as he clearly intended to kill Mr Matskassy at the time he fired the second shot.
He faces up to 25 years in jail.
you think its all over after hes dead, the games has just began
