A SYDNEY husband who stabbed his wife's lover to death after discovering the pair in bed together, and was later found not guilty of murder on the grounds of provocation, has been sentenced to a minimum of five years in jail.
In sentencing Joachim Won, 56, for manslaughter yesterday, the judge said she did not consider this provocation to be grave as ''a lack of fidelity is not uncommon''.
Won came home from work early one day in May 2010 to find his 44-year-old wife, Anna, having sex with his close friend, Hyung Mo Lee, 48. Won grabbed a knife and stabbed Mr Lee seven times, allegedly shouting ''you must die'' or ''he must die''.
The jury was told that illness had caused Won to arrive home earlier than planned that day. But it also heard that, rather than parking in the driveway, he had left the car around the corner.
They were asked to decide whether finding a spouse in bed with someone else is enough to cause an ordinary person in Won's position to have so lost self-control that they would form the intention to kill or inflict grievous bodily harm. The verdict was delivered inside an hour, with the jury finding the accused not guilty of murder. Provocation is only a partial defence, so Won was automatically found guilty of manslaughter.
But Justice Elizabeth Fullerton said she did not believe he had been gravely provoked. ''However confronting and upsetting proof of infidelity might prove to be when it is exposed, where a marriage or other relationship is unhappy … a lack of fidelity is not uncommon.''
Justice Fullerton also rejected Won's claim that his loss of control had been exacerbated because he had not suspected that his wife was having an affair.
''I place particular weight on the offender parking the car distant from his house and then entering soundlessly, arming himself with a knife in the process,'' she said.
''This satisfies me beyond reasonable doubt that he did suspect his wife's infidelity … and that while he had no premeditated plan to avenge his position as her husband with violence, he did plan to expose them.''
Won's barrister, Winston Terracini, SC, said his client was considering an appeal against the severity of the sentence.