Tony Panagiotou, 59, was sentenced to nine years in prison after pleading guilty for manslaughter in the Supreme Court of Victoria.

With time served, Panagiotou will be eligible for parole in just over three years due to remorse and good behaviour.

The Melbourne man had attempted to retrieve stolen equipment that had been taken from his family home and belonged to his sons.

George and John Panagiotou and his brother George, went to the police twice after finding a Gumtree listing for the stolen gear but were told by officers that it was a “civil matter” and nothing could be done.

On the same night they decided to take matters into their own hands and, armed with batons, tracked down the equipment to an address in Oakleigh East where the items had been listed for sale accompanied by their father who was armed with a sawn-off shotgun he had acquired a few weeks before the incident.

As they entered the house to identify the equipment they came across a distraught Duane Hutchings, 46.

During an altercation, Tony Panagiotou shot Mr Hutchings, who had nothing to do with the theft and was visiting a friend who had stolen the expensive gear.

Mr Hutchings, father of six, was transported to the Alfred Hospital where he was pronounced dead.

The three men fled the scene with the equipment.

Panagiotou was later arrested at his home and later told police that he thought Mr Hutchings was reaching for a weapon while he was being bashed and that he fired the shotgun “subconsciously” without intending to kill.

“Your actions made the catastrophe which occurred inevitable,” Justice Lex Lasry said.

“Surely this incident will underline to you the tragic stupidity of what you’ve done.”

The court heard that Panagiotou was “severely traumatised” after a home invasion in 2006 where he was reportedly held at gunpoint.

Lasry acknowledged that it had affected his decision making but did not reduce his moral culpability even though he has since shown great remorse for his actions.

“I’ve taken someone’s life … has the poor guy got kids? I took a man’s life. I’m not a good person. Look at what I’ve done,” Panagiotou said.

His son, George Panagiotou, was also jailed for just over two years for his actions while his brother John Panagiotou, was given a three year community-based order.

The police officers who told the men that it was a civil matter have since faced disciplinary action.