A well-respected man in Ballarat’s Aboriginal community has been jailed for slashing his niece’s throat with a knife during an alcohol-fuelled argument.
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Thomas Marks, 49, used a large kitchen knife to cut his niece’s throat as the argument escalated out onto a Mount Pleasant street on December 12.
The 35-year-old victim received a 10 centimetre-long cut, up to two centimetres deep, and required immediate surgery to save her life.
After successfully applying for a summary jurisdiction at the Ballarat Magistrates Court on Thursday, Marks pleaded guilty to intentionally causing injury and making a threat to kill.
He was sentenced to two years’ jail with a non-parole period of 14 months.
The court was told Marks and his niece had been drinking alcohol when they started arguing about 3.45pm.
Marks armed himself with a kitchen knife and threatened to slash the victim’s throat before she ran outside.
He followed her and charged towards her with the knife, slashing her throat with one strike and causing the serious injury.
The court was told two witnesses helped the victim until paramedics arrived.
Defence barrister Rachel Waters said her client was part of the stolen generation, which resulted in an unstable upbringing.
She said Marks was very well regarded and trusted in the Aboriginal community and worked closely with the Ballarat and District Aboriginal Co-operative.
Some BADAC staff members supported Marks during the court hearing and provided references to the court, saying his offending was out of character.
Magistrate Ron Saines told Marks he should never forget he would be facing a murder charge if the injury was another centimetre deep.
“The court must send a very strong message to you and the community that the use of any weapon is to be denounced, the use of any family violence is to be denounced,” Mr Saines said.
He said Marks was given a significant measure of leniency for pleading guilty early and proving he had cultivated a reputation in the community.
Marks has already served 128 days pre-sentence detention and will be eligible for parole in about 10 months.