A Victorian farmer who said he tripped on an eggplant and accidentally shot and killed a man has been sentenced to five years' jail.
David Calandro died of brain injuries after a shot was fired at close range into the window of his car at a farm in Tatura in Victoria's north in February last year.
Supreme Court Judge Michael Croucher said he believed Angelo Russo, 55, was telling the truth when he said he slipped on the eggplant, causing his gun to fire and killing the man.
He sentenced Russo to five years' jail with a non parole period of two-and-a-half years after earlier being charged with manslaughter.
Russo has already served 501 days in custody, so could apply for parole in just over a year.
The court heard Russo had just found out that Mr Calandro had accidentally run over his dog and was angrily walking towards the car when he slipped and the gun fired.
Mr Calandro had been at Russo's property to pick vegetables with his two young sons, who saw the shooting.
Outside court, Mr Calandro's family members said they were shocked at what they believed was an inadequate sentence.
Nephew and godson Nick Calandro said the family was devastated and felt let down by the justice system.
"To think he [Russo] could be walking our streets within a year is absolutely shattering," Mr Calando told reporters.
"The actions he [Russo] took that day were gutless and cowardly.
"This horrific crime in front of his two children has had devastating impacts which will be life-long".
Mr Calandro said David Calandro was a "gentle giant who had a heart of gold".
"He lived life to the fullest and was a caring father, uncle, family member and friend."
He said the family's sense of loss was also shared by members of the Shepparton community.
He said the pair were not friends, but had been acquainted through a mutual friend.
Russo 'racked with remorse'
In sentencing, Justice Croucher said he believed Russo did not mean to shoot Mr Calandro.
"It was a tragic accident that wasn't intentional. He is racked with remorse and had excellent prospects of rehabilitation.
"He had anger in his heart but no malice in his mind. He believed he had the safety switch on."
However, Justice Croucher found Russo was criminally negligent by walking around the farm property with a loaded gun, which was later found to be faulty.
