Jacob Allan could barely look at the judge when it came time to learn his fate: he would be sentenced to 10 years in jail for the manslaughter of Wangaratta’s Russell Berry.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The sentence, handed down by Justice Lex Lasry in Wangaratta Supreme Court on Thursday, included a minimum of seven years before Allan can be released on parole.
The 25-year-old pleaded guilty this week to manslaughter by an unlawful and dangerous act.
He killed Mr Berry on May 20, 2017, by stomping on the 41-year-old man’s head during a violent brawl on Wangaratta’s White Street.
Mr Berry’s parents Edward and Jeanette had tears in their eyes as they heard the verdict and said outside court they believed justice had been served.
“We’re just glad that it’s all over and we can move on, it’s just been stressful,” Mrs Berry said.
Allan kept his eyes on the ceiling for much of the sentencing.
It had been his cousin Christopher Meaney who struck the first blow in the brawl and when Mr Berry asked Allan “what was that for?”, Allan responded by punching him to the face.
Justice Lasry rejected an argument from the defence that this punch was in self-defence.
Allan stomped on Mr Berry’s head multiple times, then after he was injured himself by another man with machetes, he returned to stomp on an unconscious Mr Berry’s head again.
Mr Berry died five days later in the Royal Melbourne Hospital.
“This is yet another example of mindless street violence started for no real reason,” Justice Lasry said.
“Your conduct was not only fatal to the deceased man, but also cowardly … This was a particularly vicious attack, carried out twice on a man who was already on the ground and, at least on the second occasion, unconscious.”
The court heard Allan had a history of violence and had been serving a 12-month community corrections order at the time.
“Clearly you had learnt nothing from these various court appearances, nor from the opportunities that were afforded you,” Justice Lasry said.
“I am willing to accept that there is some remorse in your response to what has occurred, though I do not regard it as an overwhelmingly strong response.”
He said he was “guarded” about Allan’s prospects of rehabilitation.
Family and friends called out “love you Jake” as Allan was taken out of the courtroom.
RELATED:
Receive breaking news straight to your inbox from The Border Mail by signing up to here
