A former Victoria Police senior sergeant based in the South East has been convicted for strangling his wife in an “disgraceful, grossly disrespectful and humiliating” act of family violence.
The 57-year-old man – who is not named to protect the victim’s identity – denied pinning down his victim on a bed and choking her with his forearm across her neck after an argument at home in December 2020.
He was found guilty by a Victorian County Court jury of reckless conduct endangering serious injury by attempted strangulation.
The jury acquitted him of a more serious charge of reckless conduct endangering life, as well as a charge of assault by punching her.
Sentencing judge Frances Hogan on 28 May stated the jury were satisfied that the neck compression wasn’t long enough to put the victim in danger of death.
However the jury, in its guilty verdict, rejected the ex-cop’s claims of acting in self-defence, Judge Hogan noted.
His moral culpability was high, noting his “arrogant and demeaning” attitude to his wife including “painting a false picture of her having serious mental health issues”, the judge stated.
“It is disgraceful, grossly disrespectful and humiliating conduct.
“It is appalling that such conduct should occur to a person in her own bed in her own home by her own husband.
“It is concerning that a police officer, whom one of your character witnesses described as having shown compassion and care to the victims of family violence and who admitted that he knew the dangers of attempted strangulation, should have committed such an assault.”
Judge Hogan noted that when the victim threatened to report him to police, he called her “a domestic violence b****”.
“(You) mocked her when she said she would call the police, arrogantly stating that you were ‘oh so scared’ and stating that ‘everyone knows me’.
“To follow this up by texting one of your sons that your victim was having a “mental breakdown” demonstrates an attitude of cunning manipulation and disregard for your wife of 29 years.”
A forensic doctor told the court that compression for 10 seconds can lead to loss of consciousness, and four-to-five minutes could lead to brain death.
The victim told police that the only thing that halted her husband’s assault was that he felt blood on his face – possibly from her striking his eye as she tried to fight him off.
She said she tried to yell out to their sons at home, found it hard to breathe and that she felt like she could pass out.
A recording on her phone revealed him mocking her when she said she’d call the police and have him sacked.
“Oh that’s good. Everyone knows me what the f***,” he replied, while also calling her degrading names such as a “f***ing idiot”, a “useless fat c***” and a “f***ing pig”.
In a police interview, the senior sergeant denied choking the victim or verbally abusing her.
He claimed she was suffering deteriorating mental health and had attacked him. He had grabbed her arms, trying to defend himself, he said.
Judge Hogan noted the former officer’s 32 years of service decorated with awards and commendations.
He had found a lost child, supervised at a fatal house fire and ran an alcohol diversion program while working as an Acting Inspector.
Since the allegations surfaced, he had been stood down without pay and ultimately resigned.
He’d been since diagnosed and treated for chronic, permanent PTSD, claiming he’d been bullied, overloaded, sexually harassed and exposed to traumatic events at work.
He’d made a successful Workcover claim on that basis.
He was also diagnosed with major depression. He remained on medication for nightmares, sleep and depressive symptoms, Judge Hogan noted.
Judge Hogan noticed the “very worrying” rise in family-violence assaults.
The standalone offence for attempted strangulation recognised its use by family-violence perpetrators as a “means of terror and control”.
However, jail was not warranted, given his prior good character, long service and mental health conditions, Judge Hogan found.
It was difficult to assess his rehabilitation prospects, given he didn’t acknowledge his offending.
The man had shown no remorse and become “immersed in his own sense of victimhood”, the judge noted.
He was sentenced to an 18-month community correction order with mental health treatment and anger management and family violence education programs.
He was ordered to pay $5000 to family violence victims support group Safe Steps.
