A man who unintentionally killed his brother during a physical argument should be given a suspended jail term, a lawyer argued today.
Adam Nicholas Dennis, 25, has pleaded guilty to manslaughter, with the Supreme Court told he fatally stabbed his 18-year-old brother Alex during a fight at their Noranda home in August last year.
Today the court was told he struck at his teenage brother with scissors after the sibling had punched him to the head four times.
The wound was fatal, with the court told Dennis had been so distressed immediately after the incident that his mother demanded he leave so she could properly focus on trying to save his brother.
The court was told he had only been intending to hurt his brother.
Today, his lawyer Laurie Levy asked for a suspended jail term, saying the guilt his client felt and the aftermath of his actions weighed heavier than any penalty could.
"As cliched as it is, no punishment of the court is going to be any greater than that," he said.
The prosecution accepted there had been a degree of provocation by the deceased sibling but argued against any suggestion that the fatal action had been a reflex or automatic response.
"There is a degree of intention here," the prosecutor said.
The Supreme Court judge said the case was an extremely difficult sentencing with a number of exceptional aspects.
The judge adjourned the case to December 16.
Family and friends who came to the court to support Dennis called support to him as he was led from the dock.