A "cowardly" doctor threatened to "section" his wife during a violent home assault, which a court has ruled was retaliatory and not self-defence.
"That is, he threatened to use his position as a doctor to have her committed to a mental health unit," magistrate Ian Temby said in sentencing remarks published on Thursday.
"He wanted to hurt her."
Following a hearing late last year, Mr Temby found the man guilty of choking and assault occasioning actual bodily harm in December.
He had already admitted to a separate assault charge relating to the attack, which took place after an argument over the man admitting to multiple affairs.
The doctor, whose name is suppressed in the published decision, was handed a six-month jail sentence, immediately suspended on the agreement he enter into an 18-month good behaviour order.
The 46-year-old was stood down from his role with the Greater Southern Area Health Service following the incident.
He previously worked in numerous hospitals surrounding the ACT, including Queanbeyan and Bega.
The magistrate summarised the case facts he had found proven, including that the doctor told his wife one August 2022 morning he had had two affairs.
The victim became angry and slapped her husband before throwing lukewarm tea at him.
Later, the pair argued again and she "made repeated attempts to punch him and grab his penis and testicles". She slapped him again and the man attempted to leave to go to work.
The victim "continued to be physical" and the doctor punched her in the face with "considerable force".
"The defendant said that he had acted in self-defence, however I did not accept that for a number of reasons," the magistrate said.
"Including for the reason that the defendant's frustration and growing anger with the complainant resulted in him wanting to hurt the complainant in retaliation, not protect him."
Soon after, the victim went upstairs and began destroying the couple's wedding album. When the offender arrived to find photos being torn up, the pair wrestled for the album.
The woman was pushed, hitting her head on a shoe rack, before the man wound up on top of her.
"I found that the defendant could have got up with the wedding album and left," Mr Temby said.
"Instead, he decided to subdue and control the complainant, not in order to obtain the wedding album but because he was angry and wanted to retaliate."
The offender choked his partner with his forearm for at least five seconds so that she couldn't breath, telling her he "didn't care" he was hurting her.
"He said that she needed to behave or he would 'section her' and put her in a mental health unit."
Downstairs, after the woman continued tearing the wedding photos, the man hit her in the back of the head with the "quite heavy" album as she faced away. The assault knocked her to the ground.
"While provocation is still relevant, I consider that the sting had gone out of the argument by this point. The defendant's actions were not only very aggressive but they were cowardly," the magistrate said.
According to the sentencing remarks, the Australian Health Practitioner Regulation Agency proposed to suspend the doctor's registration early last year due to his criminal charges.
Following submissions made by the man, the medical body opted to wait on any decision pending the finalisation of proceedings. The status of his registration is unknown.
Mr Temby accepted the man was remorseful for his actions and opted to immediately suspend his jail sentence, citing his "good character and his clean criminal record".
His good behaviour order is set to expire in June 2026.
-
Support is available for those who may be distressed. Phone Lifeline 13 11 14; MensLine 1300 789 978; beyondblue 1300 224 636; 1800-RESPECT 1800 737 732.