A man who killed his young girlfriend has reasonable prospects for rehabilitation when he is released from prison in what could be as little as five years, a Victorian judge says.
Former ice addict Nelson Lai, 35, had a history of abusing and threatening Rekiah O'Donnell, 22, but there's no evidence of a struggle or argument the morning he shot her dead, Supreme Court Justice Michael Croucher found.
Lai told his murder trial he didn't know the revolver was loaded and was looking at his phone when he pulled the trigger on October 11, 2013.
Ms O'Donnell was shot in the temple at close range, and died as Lai tried to revive her while on the phone to triple-0.
Lai testified that the death threats he directed towards her in the last months of her life were "just venting".
A Supreme Court jury found Lai guilty of manslaughter but not guilty of her murder.
Lai has now been jailed for nine years and five months with a non-parole period of six years and 11 months.
Having already served 628 days of pre-sentence detention, he could be released on parole in just over five years.
In sentencing on Friday, Justice Croucher said Lai's attempts to revive Ms O'Donnell, his obvious distress on the triple-0 call and offers to plead guilty to manslaughter all indicated remorse.
"I cannot reject the truth of Mr Lai's account," Justice Croucher said.
"I am not satisfied beyond reasonable doubt Mr Lai deliberately pointed the gun at her head, or that he did anything to intimidate her.
"While his history towards Ms O'Donnell was appalling there's no evidence that he was threatening her that morning."
Within weeks of meeting her, Lai was sending her abusive messages, accusing her of cheating, sleeping around and having STDs.
In one exchange, Lai wrote: "My mission will be complete when you're gone, slut".
Justice Croucher on Friday said Lai's prior behaviour was appalling but for sentencing purposes it could only count towards his prospects of rehabilitation and his character.
He said Lai was relatively well-educated, had demonstrated remorse and stopped using drugs.
"I'm satisfied Mr Lai has reasonable prospects for rehabilitation," Justice Croucher said.
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