Shooting 'overreaction' leads man to jail for eight years
A JUDGE has titled a Sunshine Coast man's decision to grab a rifle and shoot a former mate who turned up to his house for a fist fight as a major overreaction.
Drew Selby, 29, has spent the past week on trial after pleading not guilty to attempting to murder Nathan Potts in 2011.
A jury found Selby not guilty of attempted murder but guilty of committing a malicious act with intent.
He was jailed for eight years.
Selby and Mr Potts fell out after Mr Potts objected to Selby punching his girlfriend in the face and ribs.
After threats between both men, on June 8, 2011, Mr Potts called Selby to tell him he was coming over to "cave his head in", the Supreme Court heard on Thursday.
During Selby's sentencing, Justice James Douglas outlined the next harrowing moments.
He said Selby had been waiting at the side of his house, after grabbing a .22 calibre rifle from his flatmate's cupboard and bullets to go with it.
Selby then made his way towards Mr Potts, who stood in the street in front of Selby's Mooloolaba home, and shot him in the back as he tried to turn around.
Justice Douglas said the gun shot would have killed Mr Potts if he had not gone straight to hospital.
"What you did was a remarkably, severe overreaction to what appeared to be an offer to engage in a fist fight," he said.
The court heard Mr Potts was armed with a piece of wood.
Justice Douglas said Selby had submitted a letter to the court expressing his remorse, stress, feeling of helplessness and confusion.
Defence barrister David James submitted Selby had undergone anger management while in custody and did not plan to return to the Sunshine Coast when released from jail.
Justice Douglas declared Selby's malicious act with intent conviction as a serious violent offence, which meant he would have to serve 80% of his sentence.
"Although you may well have been in fear of the attack imposed on you by Mr Potts, you had some opportunity forwarded to you to call the police," he said.
"You could have barricaded yourself in the house until they arrive or chose to threaten Mr Potts with a less brutal attack then the one you carried out on him."
Selby was sentenced to eight years in jail.