A retired accountant who fatally strangled his wife in the garage of their western Sydney home has been sentenced to at least five years in jail after a judge found she posed no threat to him at the time despite her abusive behaviour.
Engracio Songcuan, 75, was on Friday sentenced in the NSW Supreme Court for the manslaughter of his 69-year-old wife Erlinda after a fatal confrontation inside the garage of their Woodcroft home in May 2020.
Songcuan last year stood trial and it took a jury just three hours to find him not guilty of murder.
He did however plead guilty to Erlinda’s manslaughter and admitted to strangling her following the deterioration of their marriage over several years.
The court heard on Friday afternoon that he choked his wife after putting his hand over her mouth and strangling her with the crook of his right elbow.
Justice Stephen Campbell said that immediately prior to the incident, she barged into his bedroom while he was still asleep, hit him with a photograph, threw a TV remote and shouted at him and called him a “liar”.
Songcuan ran downstairs so as not to wake his sleeping daughter and was followed by his wife.
It was there that she threatened him with pliers, however he easily disarmed her before strangling her to death.
The court heard that she had falsely accused him of being unfaithful, with Justice Campbell describing her actions as aggressive, controlling and physically violent, including hitting him with a shoe while he was driving.
“Her behaviour towards him was aggressive and controlling, but also involved a level of actual physical violence,” Justice Campbell said.
Justice Campbell said her abusive behaviour also included taunting, quarrelling and throwing objects at Songcuan.
Songcuan claimed he lost control because of her controlling and abusive behaviour, which included quizzing him on his whereabouts, accusing him of being unfaithful and throwing his mobile phone in the toilet.
During an interview with police following his arrest, he said he killed her to stop her screaming and that “I think I [overreacted]”.
“I accept that when she followed Mr Songcuan into the garage, Erlinda picked up and threatened him with pliers,” Justice Campbell said.
“However, he easily disarmed her of them and simply put them in a drawer out of the way.
“At the time he commenced to strangle Erlinda, she was not posing any threat to him and I am satisfied beyond reasonable doubt he did not believe that strangling her was necessary.”
Justice Campbell added that Ms Songcuan had a right to look to her husband for protection and to feel safe in her own home.
“Society can never condone the taking of a human life as a solution to marital discord,” he said during his sentence which was handed down on Friday afternoon.
The court heard that Songcuan had no criminal history and no prior history of domestic violence, with Justice Campbell describing his risk of reoffending as low.
He was on Friday afternoon sentenced to seven and a half years in jail with a non-parole period of five years.
With time served, he will be eligible for release in May 2025.