The family of a Riverina man killed during a physical altercation has spoken in court about the ongoing anguish the death has caused them.
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Tristan James Lee, 30, of Tolland appeared in Wagga District Court on Friday for a sentence hearing after pleading guilty to the manslaughter of 37-year-old Junee man Daniel Murdoch.
The incident happened in 2017 when Lee stabbed Mr Murdoch during a chase after an argument about drugs.
In court on Friday, family friend Rebecca Milojevic read out the victim impact statement by Mr Murdoch’s mum, Theresa Murdoch.
"We don’t understand why this has happened to Daniel," Ms Milojevic said.
“As his mum, I get up each morning and I still walk into his bedroom — I tell him I love him and then I walk out again.
“I always get upset, I love him and I miss him.
"A piece of our soul has been taken from us."
The court heard that Mr Murdoch’s 16-year-old daughter was left devastated and now needs counselling.
“Our lives have been changed forever — we are heartbroken and the hurt will never go away,” Ms Milojevic said.
“Daniel is a gentleman and nice man, he’d do anything for other people, including his mum, dad and family."
A piece of our soul has been taken from us.
- Theresa Murdoch
The court also heard how Mr Murdoch was passionate about trains and that he would sit at Junee Train Station to watch the trains and take photos.
In court, the 30-year-old Lee, dressed in black suit, was supported by family members in the public gallery.
In a previous hearing, the court heard that the incident started when Murdoch and a friend visited Lee's Tolland home about 2am on May 17, 2017 to buy drugs.
When Lee asked them to leave, his then partner Katie Lee Burgess noticed her phone and some of her money were missing from the house.
Lee asked Murdoch to empty his pockets, but he refused and ran outside, where a physical altercation between the two men began before Murdoch fled.
As Lee chased Murdoch through a dark, grassy laneway connecting Toy Place and French Place, he fell on top of him and stabbed him with an outstretched knife he had been running with.
Ms Burgess later called triple-0 who found Murdoch dead in a French Place driveway.
Judgement reserved
In court last Friday, defence barrister Michael King spoke about the circumstances of the incident, Lee’s criminal record and his difficulties in custody.
While Mr King described the incident as tragic, he said it was an accident because the manslaughter “was not intended”.
“The offender didn’t intend to kill the deceased, he didn’t intend to cause him any harm," he said.
Mr King said that it was reasonable for his client and Ms Burgess to ask Murdoch and his friend to leave the premises.
“It was only when she noticed her phone and some money missing that things then began to very rapidly spiral out of control,” he said.
Mr King also said that his client had a “relatively minor” criminal record and that the manslaughter was at the lowest end of the objective seriousness.
Crown prosecutor Max Pincott said he did not agree with describing the death as an accident.
He argued that the court must “have regard to the full context in which the death was caused”.
“If the offender hadn’t possessed the knife in his obstructed hand, then he wouldn’t be here today,” Mr Pincott said.
He also said the offender’s drug use was “of recent times” and that it may be a matter of concern.
“They may be matters of when you [Judge Gordon Lerve] make your determination to this matter in respect of rehabilitation,” Mr Pincott said.
I remain guarded about good prospects of rehabilitation and unlikely to re-offend only because it seems to me much more depends on the manner in which Mr Lee engages upon release.
- Judge Gordon Lerve
Judge Gordon Lerve said his preliminary views included the consideration of remorse and extension of leniency.
“I’m prepared to make a finding of special circumstances, particularly with the ongoing need with support of substance abuse issues,” Judge Lerve said.
“I remain guarded about good prospects of rehabilitation and unlikely to re-offend only because it seems to me much more depends on the manner in which Mr Lee engages upon release.”
Lee was originally charged with murder; however, after a committal hearing, Crown prosecutors downgraded his charge to manslaughter and Lee immediately pleaded guilty.
Judge Lerve has reserved his remarks and judgement until March 20 this year.
The family of the victim declined to comment outside court on Friday.
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