A Sydney tiler responsible for the shotgun death of an associate during a confrontation has been jailed for at least seven years by a judge who wasn't satisfied he deliberately fired the weapon.
Youssef Elsamad testified that he pointed the gun at Mohammed Salihy, who then lunged at him and grabbed it before Elsamad's finger slipped and the weapon discharged.
Acting Justice Peter Hidden said while Elsamad's evidence was unsatisfactory in a number of ways, his account of the discharge of the weapon was not "inherently improbable" as contended by the Crown.
Elsamad, now 22, was found not guilty of murder but guilty of the manslaughter of Mohammed Salihy, 22, outside Elsamad's home at Merrylands on the night of January 19, 2018.
The Crown hadn't accepted his guilty plea to the less serious charge.
In the NSW Supreme Court on Friday, Justice Hidden jailed Elsamad for 10 years with a non-parole period of seven years.
The Crown unsuccessfully submitted Elsamad should be sentenced on the basis of excessive self-defence, having deliberately fired the gun, intending to kill or seriously harm Mr Salihy.
The judge accepted the defence submission he be sentenced on the basis of killing by an unlawful and dangerous act, without the intent to kill or to inflict grievous bodily harm.
The two men had known each other for years, having gone to high school together, and having a mutual associate Mustafa El Jawad.
Hours before the shooting, Elsamad was walking in the street when he was confronted by Mr Salihy and Mr El Jawad who were in a van.
"The two men got out of the van, shouting at the offender, and assaulted him," the judge said.
"The reason for the assault is obscure and need not be determined for present purposes."
Elsamad testified that he was later visited by Mr Salihy who spoke about money owed for a quantity of cannabis which he had stolen from Mr Salihy about two weeks earlier.
He and Mr El Jawad returned to Elsamad's Merrylands address later that night, when there was a confrontation outside with Mr Salihy yelling and screaming .
Elsamad walked back inside, retrieved a loaded shotgun from his room and walked back out towards Mr Salihy pointing the weapon at him as they yelled at each other.
"The shotgun was pointed at Mr Salihy's chest area. It discharged, causing him fatal injuries."
Mr El Jawad was called as a witness, but claimed he had no recollection of the events or of telling police Elsamad had "lifted the gun and pulled the trigger" .
The judge said Elsamad had a "disturbing" criminal history, had used drugs since he was 14 and been diagnosed as having a major depressive disorder.
Describing the case as a serious offence of manslaughter, he said Elsamad deliberately obtained the shotgun from the unit before confronting Mr Salihy with it.
But he accepted this had been impulsive and his action was against the background of Mr Salihy's aggressive behaviour at the time and the earlier assault.
He accepted Elsamad was affected by drugs to some extent.