The jury deciding the fate of a Sydney man accused of murdering another by shooting him in the back in the city's west has been unable to reach a unanimous verdict.
Marko Krivosic, 30, had pleaded not guilty to murdering George Nassif 46, in an apartment complex in Warwick Farm on July 22, 2018.
The Crown says Krivosic unwrapped a gun in the lift up to the unit and donned a balaclava before walking into the home about 5.10pm while accompanied by another.
He opened fire on Mr Nassif and three others watching TV on a lounge before trying to pistol-whip and kick him as he slid down the sofa, crown prosecutor Michelle England submitted.
But his lawyer Nathan Steel said he had armed himself with a gun thinking his friend was in the unit being bashed and in need of his help.
"Mr Krivosic's position is the discharge of the pistol was an accident," he told the jury.
"It was an unintentional, reflex action in a stressful situation."
The Crown alleges Krivosic went on the run after the shooting, initially paying a nearby resident $250 in cash to be let into their unit as he was "being chased by the coppers".
The jury was discharged from the NSW Supreme Court on Tuesday while the matter has been relisted on June 4.
