Chief Justice Helen Murrell on Friday ordered the charge against David Christopher Laipato, 27, be dismissed as it would be against the interests of justice to proceed.

On Thursday, an ACT Supreme Court jury returned verdicts of not guilty to charges of choking the woman insensible and threatening to kill her in a Civic flat on February 17 last year.

The prosecution alleged Mr Laipato had pinned the woman to a bed, choked her insensible and threatened to kill her after they argued at a friend's birthday party.

The assault charge was a back-up count not presented to the jury during the trial, which Chief Justice Murrell was asked to decide after the jury had been released.

But the judge said on Thursday it would be difficult to make a finding of guilt after the jury had acquitted the defendant.

Chief Justice Murrell invited prosecutor prosecutor Sam McLaughlin to consider the matter overnight and report the prosecutions position to the court on Friday morning.

The judge then dismissed the charge on Friday, finding to proceed would be contrary to the jury's findings and against the interests of justice.

During the trial, the woman backflipped on the allegations, saying, from the witness stand, she had created the story because she thought Mr Laipato had been unfaithful.

The court heard the couple had argued, but she told jurors the only contact he had made had been to push her away from him after she repeatedly pushed his face.

In closing, Mr McLaughlin argued the woman's new version had not been credible and had been invented in order to protect Mr Laipato, who she was still in a relationship with.

Defence lawyer, Paul Edmonds, told jurors the woman had lied either way, which raised reasonable doubt.

Mr Laipato hugged Mr Edmonds and shook Mr McLaughlin's hand on Thursday afternoon after hearing the verdict.