Benko loses appeal against attempted murder conviction

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Benko’s appeal against his attempted murder conviction was dismissed by the Irish Court of Appeal, reported on 14 May 2021. The conviction followed an assault on his sleeping wife with a lump hammer, according to the judgment.

The appeal argued that the trial judge wrongly directed the jury on the presumption that a person intends the natural and probable consequences of their actions. The court held that the common-law principle applies to offences involving intent beyond statutory murder cases and does not transfer the prosecution’s burden of proof.

The court found the jury direction legally correct and sufficiently clear, despite describing the explanation as succinct. Benko’s conviction therefore stands.