A Tasmanian man who became enraged by the sight of his wife and brother having sex in the back of his mother’s car has landed behind bars.
David McCulloch, 41, violently assaulted his wife of six years, 44-year-old brother and mother while armed with a shovel on March 28.
The Supreme Court heard last week that McCulloch tracked down the trio after he became “somewhat suspicious” of his wife when she screened several of his calls.
Justice Tamara Jago said McCulloch had been with the woman for 25 years, had four children together and all lived with his mother prior to the attack.
“Having collected him, your mother then drove your brother and your wife to some units and parked the vehicle in a nearby carpark area,” Jago said.
“You observed your wife and brother having sexual intercourse in the backseat, whilst your mother sat in the front seat, apparently unperturbed by your wife and brother’s behaviour.”
This angered McCulloch, prompting him to say he would “kill them all”.
He opened the rear door and unleashed a flurry of punches on his brother, striking him repeatedly in the head and body, before moving to the other side and punching his wife.
As he did this, his brother “got out of the vehicle and ran”, but McCulloch chased after him with a wooden-handled shovel and hit him to the head and body several more times.
When his mother intervened, he shoved her into a wheelie bin.
The shovel then split in half after McCulloch smashed it against his own car, leaving him armed with the handle as he continued his assault on his wife, striking her in the face and eye.
Nearby residents called the police and McCulloch was arrested as he was leaving the scene.
His brother and wife were taken to hospital with minor bruising, lacerations and swelling.
Jago said McCulloch had a “relatively poor criminal history” for driving and dishonesty offences but not family violence.
“When interviewed by police, you expressed your frustration and angst over the situation you found when you attended at the carpark and in essence you suggested your brother deserved it,” she said.
“I accept, the circumstances you discovered were confronting. The betrayal by your wife and brother and the apparent acquiescence of your mother, must have been upsetting.”
“Whilst one can appreciate that would give rise to a level of angst and frustration, it in no way excuses what you then did.”
Jago said McCulloch had “sinister intent”, that his actions were “exceptionally serious” and could have caused significant harm.
She convicted him, fined him $1,000 and sentenced him to three years’ imprisonment, backdated to May 7, 2024.
The last 18 months of the sentence will be suspended, meaning he will only serve 18 months in prison if he stays out of trouble for two years.
McCulloch’s earliest possible release date is February, after serving half of his sentence.
