A federal public servant has been found guilty of raping and assaulting his wife, with a jury hung on several more family violence charges.
Jurors heard numerous accusations made against Justin Isaac Benn, an assistant director at the Department of Health and Aged Care, during an ACT Supreme Court trial that began last week.
Benn's victim has consented to being identified in media reporting.
With their verdicts, the 12 men and women were convinced beyond a reasonable doubt the man was guilty of sexual intercourse without consent and assault occasioning actual bodily harm.
He stared forward and expressionless on Thursday afternoon while learning his fate. One of his supporters was seen wiping away tears, while another let out a loud sigh following the result.
Shortly after, Justice Chrissa Loukas-Karlsson revoked Benn's bail.
Earlier, the jurors told the court they were at an "impasse", and therefore hung, on another count of sexual intercourse without consent and three counts of committing an act of indecency without consent.
The sexual assault charge Benn was found guilty of related to the man performing oral sex on the victim in 2017 while she was asleep and therefore not consenting.
The court previously heard the pair were in a period of separation at the time, the man was sleeping on the couch, and Benn, when asked by the awoken woman what he was doing, responded: "You're still my wife."
Benn was also found found guilty of pushing the victim over a dishwasher in the same year, causing a cut and bruising to her leg.
Many other alleged violent acts, said to have occurred between 2013 and 2020, were not criminally charged but presented by the prosecution during the trial as being indicative of Benn's character.
Accusations included him tackling his then-partner onto the ground, hitting her in the head with a cordial bottle, throwing a saw at her, choking her on three occasions, and routinely giving her bruises.
Jurors were undecided on an alleged rape and three indecent assaults, all said to have also occured when the woman was asleep.
While Benn denied all criminal allegations, he admitted to having a temper, losing "my cool", punching holes in walls, smashing his phone, threatening to stomp on his wife's broken foot, and hitting her with a small glass bottle.
"I would lose my cool at times," he said under cross-examination.
While questioning Benn and during his closing address, prosecutor Marcus Dyason accused the public servant of downplaying violent behaviour during the marriage.
Earlier on Thursday, Justice Loukas-Karlsson issued the jury with a "Black direction" to once again retire and carefully consider the evidence after they indicated issues with verdicts.
"I have the power to discharge you from giving your verdicts but will only do so after I am satisfied there is no likelihood of genuine agreement being reached after further deliberation," she said.
But several more hours were not enough for the jury to decide on the four remaining allegations.
The case is set to go before a registrar later this month. It is unclear if the territory's prosecuting office will seek a retrial for the undetermined charges.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; 1800-RESPECT 1800 737 732; Canberra Rape Crisis Centre 6247 2525; ACT Domestic Violence Crisis Service 6280 0900.
