A YOUNG man who murdered a man who racially abused him has been jailed for at least 17 years after a NSW Supreme Court judge found he acted out of an "uncontrollable passion for revenge".
The racist remarks directed towards Douglas Barlow, 26, of Ballina were no excuse for him to commit murder, Justice Ian Harrison said as he handed down a maximum 23-year sentence in the Supreme Court at Lismore on Thursday.
On the first day of his trial on Monday, Barlow pleaded guilty to murdering 40-year-old David Newport at a hotel in Ballina on July 17, 2011.
The court heard the two men were involved in an altercation outside the Henry Rous Hotel and Mr Newport punched Barlow.
The court heard there was unchallenged evidence that Mr Newport made "offensive and racially derogatory remarks to him and told him he wanted him out of the town", the judge said.
Mr Newport also later boasted about the fight and described Barlow, who is Aboriginal, as a "black ****".
A couple of hours later, an intoxicated Barlow returned to the hotel with a steak knife and stabbed Mr Newport four times in the chest.
Mr Newport died later in hospital and Barlow handed himself in to police that evening.
Justice Harrison noted Barlow's action was "largely an anger-fuelled response to the earlier events".
"It was borne of what appears to have been an uncontrollable passion for revenge," he said.
He noted the murder took place in a public area in full view of hotel patrons and Barlow made no effort to disguise his appearance.
It was "an ill-considered, irrational and possibly even frenzied assault", the judge found.
Barlow gave evidence about the murder and apologised to his victim's family in what Justice Harrison described as "an unguarded and patently honest fashion".
However, he noted Barlow had a number of previous convictions, including for assault causing actual bodily harm.
"The racial abuse and assault of an offender by the victim amounts neither to an excuse to murder him nor to a rational or acceptable reason for doing so," he said.
Taking into account time already served, Barlow will be eligible for parole in July 2028.
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