Courts / Ireland / Report
Husband who tried to murder sleeping wife with hammer fails in appeal
Summary
In a 2021 appeal, the Court of Appeal dismissed the case of Andrzej Benko, 48, who had been convicted of attempted murder after striking his wife, Joanna, on the head with a lump hammer while she slept on 5 July 2010. Benko had been sentenced to 15 years in prison by the Central Criminal Court in April 2014. His lawyers argued that the trial judge's direction to the jury about the presumption that an accused intends the natural and probable consequences of his actions was inappropriate, claiming that such a presumption applies only in murder cases under the Criminal Justice Act 1964. Justice Ni Raifeartaigh rejected this argument, citing case law that the presumption extends to a wide range of offences involving intent. She also found the trial judge's direction correct, noting that the burden of rebutting the presumption lay with the prosecution. Benko's appeal was therefore dismissed, leaving his conviction and sentence intact.
Who, what, where, when and why
What: Report matter: Husband who tried to murder sleeping wife with hammer fails in appeal. Procedural stage: appeal
When:
- April 2014 Incident
- July 5, 2010 Incident
- 2021-05-14 Publication
Why: In one extract, Benko said he had the lump hammer because he "wanted to make my justice". CNI source report
Case subjects
Appellant
Outcome: Benko was sentenced to 15 years in prison following a trial at the Central Criminal Court in April 2014 for the attempted murder of his wife, Joanna, at their home on July 5, 2010.
Places mentioned
- Ladyswell Road
- Court of Appeal
- Central Criminal Court
- Supreme Court
Topics
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