David McCulloch, aged 41, grabbed a shovel out of his car and threatened to 'kill them all' when he spotted his mother in the driver's seat of the cheaters' car
A jilted husband has been jailed for three years for bashing his brother with a shovel after he discovered him having sex with his wife in the back of a car.
David McCulloch, aged 41, became suspicious when he couldn't get in contact with his wife of six years, who he shares four children with, earlier this year on 28 March.
The man, from Devonport, Tasmania, Australia, later found his wife and his brother having sex in the back of a parked car while his mother sat in the driver's seat.
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During the sentencing on Tuesday, October 22, the court heard after he discovered the scene he opened the car door and started punching his brother to the chest and body. He pushed his wife into the car window and punched her in the head several times.
During the altercation, McCulloch's brother got out of the car and ran, reported The Advocate.
"I note at this point you had the opportunity to pause and reflect on what you were doing," Justice Tamara Jago told the court.
Instead, McCulloch yelled that he was going to "kill them all".
The court heard McCulloch grabbed a shovel out of his car and started hitting his brother to the head and body. When his mother tried to intervene, McCulloch pushed her and she fell backwards into a wheelie bin.
The court heard McCulloch also hit his wife with the handle of the shovel and punched her in the face. Nearby residents notified the police and McCulloch was intercepted while leaving the scene.
His brother and wife were taken to the Mersey Community Hospital and suffered moderate injuries.
When interviewed with police, McCulloch expressed his frustration about the situation he had discovered, the court heard. He also told police about a homemade firearm and ammunition, which were later found during a search of his residence.
Police also located various zip lock bags containing cannabis during the search.
During her sentencing remarks, Justice Jago said she accepted the situation McCulloch discovered "must have been upsetting". She said the situation was a "breach of trust" between family members that placed McCulloch's behaviour in a specific context.
"I accept it was an emotive response to the circumstances you discovered," she said.
Justice Jago said in no way did the situation found by McCulloch necessitate the violence which followed, but she was satisfied that it is unlikely there will be a repeat of this type of offending.
The court heard McCulloch previously pleaded guilty to the charges, which included intending to cause grievous bodily harm, multiple charges of common assault, possessing cannabis and possessing a firearm and ammunition.
McCulloch was convicted of all the offences and was sentenced to three years behind bars.
Justice Jago backdated the prison sentence to start on 7 May and suspended the last 18 months of the term.