ADELAIDE - An Adelaide man has been jailed for killing his homosexual lover during sex, the victim collapsing after a shoelace was tied around his neck to heighten his state of arousal.
Passing sentence in the South Australian Supreme Court today Justice Timothy Anderson said David Richard Fraser,36, had not intended to kill his lover, Shaine Douglas Moore in February, 2005.
The judge also criticised authorities for keeping Fraser in the Adelaide Remand Centre for the past two years despite his psychological problems which included numerous attempts to commit suicide.
He said his detention meant it was difficult for Fraser to receive treatment for his problems.
Justice Anderson said the two man had been involved in a sometimes volatile relationship.
Not long before Moore's death Fraser had moved out of their home at suburban Kilburn after an argument.
But when he returned one night the pair drank heavily and also smoked cannabis.
Late in the night they moved to the bedroom to have sex with Fraser reluctantly agreeing to tie a shoelace around Moore's neck and pull it tight.
Justice Anderson said during this activity Moore suddenly collapsed.
Fearing Moore was dead, Fraser covered his body with clothing and bedding and left the home.
He was caught after the shoelace was found by police and revealed his DNA.
Fraser pleaded not guilty to murder at the start of his trial but later accepted a prosecution offer to admit to the lesser offence of manslaughter.
Justice Anderson said while he accepted Fraser did not intend to kill Moore, he described the man's conduct was grossly negligent or reckless.
He sentenced Fraser to four years and nine months in jail with a non-parole period of three years.
The judge backdated both sentences to when Fraser was first taken into custody in April, 2005, leaving him less than a year to serve.
