Courts / Dublin / Report
Husband jailed for attempted murder didn't intend to kill wife, appeal hears
Summary
Andrzej Benko, a 48-year-old Polish national from Mulhuddart, is appealing his conviction for the attempted murder of his wife, Joanna. Benko was found guilty by a jury at the Central Criminal Court in April 2014 and sentenced to 15 years for striking his sleeping wife on the head with a lump hammer on July 5, 2010. At the Court of Appeal, Benko's legal team argued that the conviction is unsafe, claiming the trial judge failed to properly guide the jury on inferring that death was a natural and probable consequence of the assault. They contended that while Benko admitted to intending to kill his wife at various stages, it was unclear if he held that specific intent during the physical attack. Defence counsel also noted that a request to add a charge of assault causing serious harm, to which Benko would have pleaded guilty, was refused by the DPP. Prosecutors countered that it was common sense that striking a sleeping woman three times on the head with a heavy weapon intended to kill. The court heard that Benko had alerted emergency services and presented himself to gardaí. The panel, presided over by Mr Justice George Birmingham, reserved judgement in the appeal.
Who, what, where, when and why
What: Report matter: Husband jailed for attempted murder didn't intend to kill wife, appeal hears. Procedural stage: appeal
When:
- April 2014 Incident
- July 5, 2010 Incident
- 2020-09-10 Publication
Case subjects
Places mentioned
- Ladyswell Road
- Central Criminal Court
- Court of Appeal
- presented himself at Blanchardstown garda station
- Blanchardstown
Topics
Related court reports
- Murderer argues he was 'out of control' following Christmas Eve steakhouse shooting
- State drops all charges against double killer Derek Boyd's partner
- Driver who switched off headlights in effort to evade gardai fails in sentence appeal
- Derek Boyd now a double killer as jury finds him of guilty of murder
- Murder accused's previous conviction for manslaughter of sister can only be used if relevant, judge charges jury
- Not a 'shred of evidence' that Derek Boyd's girlfriend knew nature of injury to deceased man, defence tell trial
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request