Adrian McHenry guilty of common assault on wife Sarah

A Tasmanian man and his wife violently quarrelled during their messy divorce, a court has heard. He pleaded guilty to assaulting her, while her charge is set down for a hearing.

Prospect Vale construction boss Adrian Kevin McHenry, 33. Picture: Alex Treacy

A Tasmanian construction boss used “excessive force” during a violent quarrel with his wife during their messy divorce, pushing her into a car boot which he was filling with her clothes and attempting to seize her mobile phone.

Prospect Vale man Adrian Kevin McHenry, 33, who the court heard is the operations manager of a Norwood excavation company, pleaded guilty in Launceston Magistrates Court on January 12 to a charge of common assault. He was placed on a six-month good-behaviour bond, with no conviction recorded.

The offence was committed against his Prospect ex-wife Sarah Eileen McHenry, 34, about 1.30pm on September 10 last year.

Ms McHenry was also charged with common assault as a result of the incident. She has pleaded not guilty. Her charge is set down for hearing on March 15.

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The court heard that on the day in question, the pair were verbally arguing when McHenry began bundling his wife’s clothing into the boot of her car.

After the argument allegedly turned physical, McHenry “placed his hands on (his wife’s) upper body below the shoulders” and pushed her, causing her to fall backwards into the boot of the car. He then attempted to seize her phone, which she used to call police.

It was submitted on McHenry’s behalf that his push was in response to his wife allegedly grabbing him “around his throat and face from behind and hitting him on the head with her mobile phone”.

The court was told the relationship between McHenry and his wife was “clearly coming to an end”. The pair were together for 13 years and had their own home – since sold – and two children together.

Magistrate Ken Stanton agreed the offending was “entirely out of character”– McHenry had never been to court previously – and occurred in a “very specific context”.

There had been “no further incidents” since the separation.

McHenry had also expressed “significant regret” at how he acted.

Mr Stanton characterised McHenry’s assault as “excessive force in self-defence”. There could have been “more moderate responses” to the alleged provocation.