Police shot the defendant as he threatened the victim with a mattock. Photo: Dave White/Thinkstock
A Canberra man shot by police during a violent domestic dispute harbours no ill feelings towards the officer who pulled the trigger, a court has heard.
Tom Hohoi was jailed on Monday for more than four years after pleading guilty in the ACT Supreme court to using an offensive weapon likely to cause grievous bodily harm. But Hohoi will be eligible for parole next month.
The 52-year-old threatened his partner with a mattock outside a Holder home in January 2011.
Police went to the home after receiving reports of a domestic disturbance and spotted Hohoi approaching the victim armed with the garden tool.
Officers told him to drop the weapon, and unsuccessfully tried to subdue him with capsicum spray. The victim fell to the ground, and police say Hohoi was shot as he raised the mattock to try to hit her.
The man suffered a partially collapsed lung, two bullet holes to his diaphragm and damage to part of his liver.
Hohoi underwent at least two operations to fix the wounds and suffers continuing health issues as a result of the incident.
A sentencing hearing heard Hohoi had expressed remorse for the effect the shooting had on the officers involved.
The court heard the former Papua New Guinean policeman did not blame officers and would have acted identically if placed in the same situation.
The defendant said he wanted to work with young offenders upon release.
In sentencing, Justice John Burns took into account reports Hohoi was considered a model detainee.
The judge noted Hohoi was drunk at the time of the incident and had completed drug and alcohol programs and several other certificates while at the Alexander Maconochie Centre.
Justice Burns sentenced Hohoi to four years and four months jailed, backdated to take into account time spent in custody, with a non-parole period of two years and two months.
Hohoi has remained in custody since the shooting and will be eligible for release in late March.