A Luqa man has been given a one-month jail term suspended for three years and put on probation for three years after a magistrate found him guilty of slightly injuring his estranged wife but ruled that his action was excusable because he had acted in a moment of mental agitation.

Magistrate Consuelo Scerri Herrera heard Charles Gauci, 38, explain that he had lost control over his hands and hit his estranged wife, Alexandra, during an argument over the custody of their younger daughter on July 2 last year.

Gauci was also found guilty of threatening his wife and breaching the peace.

The magistrate also heard Gauci explain that on that day he was to have access to his daughter but his wife had taken her to the beach. When he went home, later on, an argument arose between him and his wife and she started shouting at him and insulting him.

He got angry, lifted the bed and, consequently, his wife and daughter were knocked to the floor. At that point, Gauci lost control and started waving his fist at his wife until her brother-in-law intervened and stopped him.

Gauci also explained that his daughter meant everything to him and that on the day of the incident he lost control because he had had enough.

In handing down judgment, the magistrate noted that it would be in the child's best interest to give Gauci a suspended jail term. This would allow her to maintain the father-daughter bond.

The magistrate also ruled that probation would help Gauci choose the right path and integrate with society in a civilised manner.

Police Inspector Jason Agius prosecuted.

Dr Joseph Giglio and Dr José Herrera appeared for Gauci.