Moray man avoids jail at Elgin Sheriff Court for choking wife and smashing car with hammer

A Moray man who choked his wife and attacked her car with a hammer has been ordered to complete community service.

The 38-year-old previously pleaded guilty to strangling his partner for “20 to 30 seconds” during the April incident, Elgin Sheriff Court heard.

Fiscal depute Karen Poke said the married couple had been “in an on and off relationship for 15 years”.

On April 14, the victim returned to the family home and “found the accused in a good mood”, Ms Poke added.

However, after saying she planned take her children out for the day, the man’s “mood changed”.

He told his wife to leave the home and threatened to smash her car.

A short time later, in the kitchen, Ms Poke said the “scared” victim: “Had to hold his wrists to stop him going outside, because she did not want him to smash the car.”

“She felt the accused apply pressure for 20 to 30 seconds”

After she phoned the police, the 38-year-old “seized her by the throat”.

Ms Poke added: “She felt the accused apply pressure for 20 to 30 seconds and had to forcibly push him away.”

The court heard the man then picked up a hammer, went outside, and starting hitting his wife’s car - smashing two windows and damaging its body panels.

When police cautioned and charged the man, he made no reply.

Solicitor Grant Daglish said the man was “disgusted and ashamed by his behaviour and he makes no efforts to hide that”.

“…disgusted and ashamed…”

He added that “from 2009 onwards, it has been a pretty tough time” for the family.

The court heard that the currently unemployed man had a previous conviction from 10 years ago.

Sheriff Olga Pasportnikov sentenced the Elgin 38-year-old to complete 120 hours of unpaid work in six months, as an alternative to custody.

He was also placed under social work supervision for 18 months and ordered to engage with bereavement counselling and the Arrows drug and alcohol service.