Riley was sentenced to a maximum of five years, and with time already served, he will be eligible for parole in April 2010.

Riley, 48, was convicted last month of the manslaughter of David Glenn Nichols, who was gunned down outside his Gulgong home on February 14 last year.

A trial in Orange heard how Riley shot the lover of his estranged wife on the doorstep of Mr Nichols’ Gulgong home, before attempting to kill himself.

The former real estate agent was said to be suffering severe clinical depression and shot himself in the head after killing Mr Nichols and now has extensive brain damage.

NSW Supreme Court Justice Jane Matthews sentenced Riley to a minimum two years jail, finding his brain injury was so severe it amounted to punishment beyond that which could be imposed by the court.

Directly addressing Mr Nichols’ family, Justice Matthews acknowledged the sentence might seem inadequate.

“But I hope you will understand that sentencing is a complex process and that there are very many considerations which need to be taken into account.

“One of the most important of these is the fact that the person who is essentially responsible for your loss ceased to exist when he pulled the trigger on himself on 14 February last year.

“The man who has been sitting in court throughout these proceedings will bear the punishment for the deeds of that other man, but it is not he who is primarily responsible for them.”

The victim’s mother and his sisters nodded sadly as Justice Matthews explained her reasons for significantly reducing Riley’s sentence.

Riley, who wears an eye patch and has a noticeable indentation on the left side of his head where a piece of his skull is missing, showed no emotion as the sentence was handed down.

Justice Matthews said Riley’s frontal lobe injury left him with significant behavioural impairments, including a level of inappropriate cheerfulness and an inability to feel guilt or remorse.

“The offender will need a great deal of rehabilitative care, assistance and supervision given his multiple problems in order to reintroduce him into the community,” she said.

AAP