Man who shot a corpse was sentenced to eight years in prison

A MAN who was charged with attempted murder for shooting somebody who was already dead has been sentenced to eight years behind bars.

A MELBOURNE man has been jailed for eight years, but could be out in five, for trying to murder a dead man.

Daniel Darrington, 39, was found guilty by a Victorian Supreme Court jury of the attempted murder of Rocky Matskassy, 31, who he shot after Mr Matskassy was accidentally struck by a bullet in March 2014.

The men had been fighting over a gun which discharged into Mr Matskassy’s head.

As Mr Matskassy lay bloodied on the floor Darrington shot him again.

Darrington told his psychologist “he was twitching, I felt sorry for him”.

A jury last year found Darrington not guilty of murder, but guilty of attempted murder, accepting that Mr Matskassy was already dead when the second shot was fired.

The Crown and defence both said they could not think of another case like it at a plea hearing last year.

The Victorian Supreme Court trial heard Darrington was drunk when he fought with Mr Matskassy at an associate’s Melton South home on March 21.

Defence barrister John Desmond said it was Mr Matskassy who produced the gun, though Justice Paul Coghlan said he may not be able to make a finding on who brought the weapon.

Crown prosecutor Peter Rose QC said Darrington should receive a significant sentence as he clearly intended to kill Mr Matskassy at the time he fired the second shot.

Mercedesz Matskassy said her brother’s death had been a devastating shock.

“He was my only sibling and last surviving member of my immediate family,” she said.