Prison for man who fatally stabbed brother in the chest

A man has been jailed for at least five years after fatally stabbing his brother. (James Ross/AAP PHOTOS)

When Jesse Tovey stabbed his brother four times in the chest, he told a friend he expected he'd be a bit sore but would be alright.

But Joshua Tovey wasn't.

After being stabbed outside his mother's Mornington Peninsula home, he fled for his life but collapsed in a nearby repair shop's car park.

Workers called paramedics who resuscitated him once after he went into cardiac arrest, but when it happened again he couldn't be saved.

By the time Josh Tovey was declared dead, his brother Jesse had gone back to the Mornington Peninsula house he was staying at and told a friend what had happened, before collapsing into a deep drug-induced sleep.

The father-of-three was jailed for eight years and three months on Tuesday after pleading guilty to the manslaughter of his brother on January 18, 2021.

The crime followed weeks of fighting between the brothers, who were raised amid extreme violence and mistreatment at the hands of adults who should have known better.

It's because of that Jesse Tovey's moral culpability for his inability to control the violent impulse is reduced, Victorian Supreme Court Justice Michael Croucher found.

Issues arose between the brothers over $600 Joshua Tovey claimed his brother owed him.

They exchanged fiery texts including one from Jesse claiming he would collect on the debt "either with money or blood".

There was physical violence between the pair, including Joshua assaulting Jesse with a mallet, injuring his face.

When Jesse arrived at his mother's house in the early hours of January 18, Joshua took off to a nearby service station while their mother tried to encourage others to get ice-affected Jesse to leave.

When Joshua returned, Jesse was still waiting with a folding knife which he used to stab his brother four times to the chest and shoulders.

Jesse returned to a friend's home where he was staying, and when asked if he knew anything about a stabbing in the Hastings area, he said he had got into a fight with his brother, who would be pretty sore but would be alright.

Now every time Jesse Tovey looks at his family and surviving siblings he will be reminded of the pain and suffering he has caused them, on top of the devastation and immense sense of loss and grief he feels himself, Justice Croucher said.

Jesse Tovey has the ongoing support of family, including a brother who has a room and a job ready for him once he has served his sentence - a minimum of five years before he's eligible for parole.

He regards his brother as a good person who lacks the right direction and wishes to support him getting he help he needs on his release.

Justice Croucher ended the sentence hearing by extending his condolences to the Tovey family - including Jesse Tovey - for their loss.

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