A Victorian man who was shot in the neck after firing a stolen revolver at two federal police officers has been jailed for seven years.
Fadi Diab, 31, shot at the officers in the early hours of September 12, 2019, after they tried to arrest him near a stolen car in Greenvale.
The officers yelled they were police as they pointed their firearms at Diab and his associate, ordering them not to move, but the 31-year-old fired a shot at them.
The single bullet missed the officers, instead lodging into the door of their unmarked police car. One of the policemen fired back, hitting Diab in the neck and shoulder.
After surgery to clear the bullet wounds, the 31-year-old told police he fired the shot because he believed they were rival gang members who were coming to get him.
Diab maintained that defence when he contested the charges at trial, but a County Court jury in February found him guilty of recklessly discharging a firearm at police.
He was fortunate neither officer was hit and injured during the terrifying ordeal, County Court Judge Amanda Chambers said on Thursday.
Diab may not have heard the officers yell their presence, but Judge Chambers said his actions were still reckless.
She acknowledged he had limited prior convictions and was otherwise regarded as a respected family man who worked hard.
But Diab's decision to fire a stolen handgun at police who were trying to do their jobs needed to be punished, Judge Chambers said.
Diab was jailed for seven years and five months. With time served, he'll be eligible for parole in just over two years.
