Lawyers for man who stabbed wife to death say no evidence he'd be violent again

Lawyers for an elderly man who stabbed his wife to death in their home in Canberra's south have said there is no evidence to suggest he would act violently again.

Police found the body of Wanda Uhle, 78, on the floor of the couple's Gordon property, covered by a doona in June 2024.

Manfred Uhle was taken into custody at the home of a family member in Fadden a short time later and charged with murder.

He had told family members that he had fought with Mrs Uhle, believing she had had an affair with their neighbour, something the ACT Supreme Court found there was no evidence of.

Now 88 years old, and with a likely diagnosis of dementia, he was found unfit to plead earlier this year.

It meant that rather than a trial, the case proceeded by way of a special hearing.

Last month, Justice Andrew Muller ruled he was satisfied beyond reasonable doubt the elements for the offence of murder had been met.

The court will set a nominal sentence, but the ACT Civil and Administrative Tribunal will determine how Uhle is cared for in future.

'Degree of malice': prosecution

Today, prosecutor Sam McLaughlin said there was currently no other option than jail for accommodating Uhle.

And he argued the nominal sentence must reflect the seriousness of the crime, regardless of Uhle's condition at the time of the killing.

"Clearly the offender's reduced moral culpability cannot overwhelm the sentencing exercise," Mr McLaughlin said.

"The irresistible finding of the court must be, particularly given the admissions made by Mr Uhle later in the day, that the accused must have intended to cause the death of the deceased.

"The victim was, of course, significantly vulnerable, not only because of her advanced age but because at the commission of the offence she was asleep in bed.

"It is not without a degree of malice."

Mr McLaughlin told the court Uhle's "prognosis is poor" and his conditions were likely to worsen, presenting a risk to the community.

"The predictor of the future is the past," he said.

Case 'fairly unique': defence

Defence lawyer Jan de Bruin said no alternative to jail had yet been found to accommodate his client.

But he argued there had been no allegations of Uhle acting violently during his time in custody, including while being treated in hospital, and said he would present very limited risks if accommodated in a suitable aged care facility.

"This is a fairly unique type of case … there is nothing similar to this case I could find searching through case law," Dr de Bruin said.

"General deterrence and specific deterrence have little weight here."