BY ROMINAH FAKA
The Magistrate Court has sentenced Mark Vio to 13 months in prison for the offence of unlawful wounding. The sentence, delivered on Wednesday by Principal Magistrate Emily Z. Vagibule Pakoa, will commence from October 23, 2024.
Additionally, the court invoked Section 18(2)(a) of the Family Protection Act 2014 in favor of the victim, with Vio retaining the right to appeal within 14 days.
Vio, 40, was charged under Section 229 of the Penal Code, Cap 26, which carries a maximum penalty of five years’ imprisonment. He pleaded guilty on September 20, 2024, to one count of unlawful wounding involving his wife, the complainant.
The incident occurred on May 30, 2024, at approximately 3 a.m. Vio, who was intoxicated, returned home with another person. His wife, the complainant, was asleep inside the house with their two children. Vio woke her up and asked for money, which she gave him. After receiving the money, Vio left the house with the other person. When his wife later went outside to use the toilet, the other person approached her and began a conversation in the kitchen.
Vio became angry when he saw them speaking, throwing rocks onto the kitchen roof. His wife returned inside the house, but when she stepped out again, Vio waited outside the kitchen and confronted her with abusive words. After returning to the house, Vio punched his wife on the forehead. She tried to flee, but Vio blocked the doorway. When she managed to escape, Vio threw a stone at her, hitting her forehead and causing bleeding. He then threw another stone, injuring her left arm. The victim reported the incident to Tetere Police the same day, and a medical examination confirmed her injuries.
In delivering the sentence, the court emphasized several aggravating factors: the offence was committed at 3 a.m., Vio was intoxicated, he used a stone as a weapon, and he breached the trust within their marriage by harming his wife instead of protecting her. The court also noted the mitigating factors, including Vio’s early guilty plea, his status as a first-time offender, and his faithful attendance at court hearings, which indicated remorse for his actions.
Starting with a 16-month prison term, the court added six months due to the seriousness of the offence, bringing the total to 22 months. However, nine months were deducted for mitigating factors, reducing the final sentence to 13 months.
In justifying the sentence, the court underscored the importance of addressing the alarming rise of domestic violence and expressed hope that the punishment would serve as a deterrent. The court also believed this period of incarceration would provide Vio with an opportunity for rehabilitation, helping to prevent similar incidents in the future.
Ms. Georgina Oroi represented the Crown, while Mr. Eddie Gaza appeared for Mark Vio.
