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A judge has wiped away tears while sentencing a Melbourne man to more than six years' jail for stabbing his brother to death in an effort to protect his family.
Shane Ryan Brown, 33, pleaded guilty to manslaughter for killing his brother Wayne at their family home in Cranbourne, in Melbourne's south-east, in June last year.
The Supreme Court was told Wayne Brown, 38, was at the house in contravention of an intervention order and was threatening and intimidating his parents, former partner and daughter.
In sentencing, Justice Michael Croucher said he was asked to leave repeatedly and had prevented his parents from calling the police.
"In the lead-up to his death, Wayne's behaviour was appalling," Justice Croucher told the court.
Wayne Brown's former partner had arranged to meet him at his parents' house as she was scared of him.
Justice Croucher told the court her fears were realised when he began abusing her.
"She said that Wayne had threatened to smash her in the face," Justice Croucher said.
Colin Brown had tried to calm his son down but instead Wayne Brown "threatened him and said he was 'prepared to do life if he had to'", the court heard.
Shane Brown had remained in his bedroom as the situation escalated before deciding his brother had to be stopped.
He grabbed an ornamental knife which was hanging in his bedroom and stabbed his brother once in the chest before fleeing the house.
Justice Croucher said Shane Brown had reasonably believed his brother had to be stopped but used excessive force to protect his family.
"Shane did not go looking for trouble, rather trouble found him," he told the court.
Shane Brown surrendered himself to police the following day and told officers he was racked with guilt.
"I feel bad … but he had to be stopped," Shane Brown said in a police interview that was replayed to the court.
"No one was going to get him out of the house."
Wayne Brown had only recently been released from jail for breaching an intervention order and assaulting his father.
In sentencing, Justice Michael Croucher said Shane Brown was "struggling to deal with the enormity of what he's done to his family".
Justice Croucher had to stop throughout the sentencing to wipe away tears.
In victim impact statements, the men's parents said they did not want Shane Brown to serve jail time.
Colin Brown told the court he wanted his son home to keep him sane.
"I feel like I've lost two sons, not one … it's gut-wrenching," Mr Brown said.
The men's mother told the court she had disowned Wayne Brown but now wished she could take it all back.
"I wish I could have Shane home. I just want Shane home to help with my healing," she said.
Brown was given a sentence of six years and three months, but will be eligible for parole in three years and three months.
Topics: murder-and-manslaughter, crime, courts-and-trials, melbourne-3000, vic
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