A federal public servant found guilty of raping and assaulting his ex-wife is set to face a second trial after a jury returned hung verdicts to other alleged sexual crimes.
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Justin Isaac Benn has been in custody since an ACT Supreme Court jury found him guilty of sexual intercourse without consent and assault occasioning actual bodily harm earlier this month.
Benn identified himself as an assistant director at the Department of Health and Aged Care while giving evidence in court.
Following the guilty verdicts, the government department refused to answer questions about the man's employment.
His victim has consented to being identifiable in media reporting.
On Wednesday, Benn's case returned to the registrars direction list for his guilty charges to be allocated a sentencing date.
Prosecutor Sofia Janackovic also indicated the territory's prosecuting office would be proceeding to a retrial of the four charges jurors could not decide on.
Those charges are one count of sexual intercourse without consent and three counts of committing an act of indecency.
Guilty verdicts
The sexual assault charge Benn was found guilty of on June 6 related to the man performing oral sex on the victim in 2017 while she was asleep and therefore not consenting.
The court previously heard the pair were in a period of separation at the time, the man was sleeping on the couch, and Benn, when asked by the awoken woman what he was doing, responded: "You're still my wife".
Benn was also found found guilty of pushing the victim over a dishwasher in the same year, causing a cut and bruising to her leg.
Many other alleged violent acts, said to have occurred between 2013 and 2020, were not criminally charged but presented by the prosecution during the recent trial as being indicative of Benn's character.
Accusations included him tackling his then-partner onto the ground, hitting her in the head with a cordial bottle, throwing a saw at her, choking her on three occasions, and routinely giving her bruises.
On Wednesday, the case was neither given a date for sentencing nor allocated into the next trial callover list.
The case is instead set to return to the registrar's list next month for further directions while Benn remains bail refused and in custody.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; 1800-RESPECT 1800 737 732; Canberra Rape Crisis Centre 6247 2525; ACT Domestic Violence Crisis Service 6280 0900.
Tim Piccione
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
