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Killer gets two years for teen stabbing

AAP logoAAP 21/12/2016 By Margaret Scheikowski

Jarrod Mitchell had no intention of fighting the teenager who for hours had been knocking on his front and back doors, yelling out and texting insults.

At one stage Mitchell hid in his bedroom and grabbed a fishing knife, which he eventually used to fatally stab Alex Bargiatakis as he squeezed his neck tightly.

"(Mitchell) did everything possible to avoid any physical confrontation, but to no avail," Justice Michael Adams said when jailing him for at least two years on Wednesday.

The now 23-year-old pleaded guilty in the NSW Supreme Court to the manslaughter of the 18-year-old in March 2015 at Rosebery.

The plea was on the basis that he had acted in self-defence but used excessive force.

The judge said he had "worrying doubts" about allowing the guilty plea to stand, saying it may be doubted that the force used was indeed unreasonable in the circumstances.

But, he was satisfied that, though it was excessive, it was a misjudgement in the heat of the moment.

"In my view, the extent to which the force he used was excessive was slight and his moral culpability falls into the lowest degree of objective seriousness.

"At the same time, over-stepping that mark, though slightly, resulted in the death of a young man who, though foolishly aggressive, should not have died."

Mr Bargiatakis attacked Mitchell in his own home and tricked him into believing he had gone when in fact "he was lying in wait to attack him".

The teenager had been told the night before not to visit the household again, but despite warnings from his aunt, cousin and a friend, he returned wanting to confront Mitchell.

After hearing the victim impact statements read out by the teenager's mother and sister, Mitchell said he felt like he should have died and that he felt like "a terrible person".

The judge set a maximum of three years and six months.

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