David McCulloch: Man jailed for attacking wife and brother who had sex in car with his mum

A husband who went on a spade-wielding rage after discovering his wife and brother having sex in the car while his mum was in the front seat has learned his fate in court.

David McCulloch was sentenced to three years in prison for the shocking attack after pleading guilty to it, possession of cannabis and possession of a firearm, the Daily Mail reports.

Burney Supreme Court documents show the situation began on March 28 this year when the Tasmanian man repeatedly tried to contact his wife Jacinta King by phone but she did not answer.

The couple met when they were teenagers and have been together for over 25 years. They have four children and identical tattoos.

The couple tied the knot six years ago and share the house with McCulloch’s mother, Sue.

The incident began after Ms McCulloch drove Ms King to the home of her eldest son Jamie, where they picked him up, drove to a block of flats and pulled into a nearby car park.

After several failed attempts to contact his wife, McCulloch became suspicious and drove to a car park where he discovered Ms King having sex with his brother in the back seat of the car while his mother sat nonchalantly in the front seat.

That’s when McCulloch became enraged, opened the back door and began punching his brother in the body before pushing his wife through the car window and punching her in the head several times.

Jamie jumped out of the car to escape, but his scorned brother chased and beat him with a shovel, shouting death threats at him.

When Mrs McCulloch tried to intervene she was pushed and fell backwards into the bin.

Jamie managed to escape and that’s when David hit the car with a shovel, splitting it in two. He then hit his wife on the head with a pen and then punched her in the eye.

McCulloch was arrested and taken to the Davenport Police Station after concerned neighbors called police.

His brother and his wife were taken to Mercy Community Hospital with bruises and minor lacerations.

McCulloch told police he was “extremely upset” about the situation and his brother “deserved it.”

He also told police he had a homemade firearm and ammunition, which was seized along with 240 grams of cannabis found at his home.

Passing sentence, Judge Tamara Yago said the violence was “confrontational in nature.”

“The betrayal by your wife and brother and the apparent acquiescence of your mother must have been upsetting and while it is understandable that this has caused some anxiety and disappointment, it in no way excuses what you did then,” she said.

“However, it puts your behavior into context.

“This was not intentional or planned behavior, but rather a spontaneous reaction to discovering a difficult situation involving a breach of trust.”

McCulloch was lucky given the minor injuries his brother suffered; The judge said that despite the intent to cause grievous bodily harm, most of the shovel strikes were not related to each other.

“The actual harm caused was moderate,” she added.

“There is no doubt that what you did was extremely serious and your use of the shovel was likely to cause serious harm, but the context in which the violence was committed was, in all the circumstances, morally provocative.

“You reacted in a very inappropriate manner, but I understand that it was an emotional response to the circumstances you discovered.”

Judge Jago was satisfied McCulloch was not at risk of reoffending and jailed him for three years, backdated to May 7, when he was arrested.

And the last 18 months were suspended on the condition that he did not commit any crimes while in custody.

He was also fined $1,000.

If you or someone you know is experiencing domestic violence, call 1800 RESPECT (1800 737 732) or the Crisis Helpline on 1800 199 008.