A 70-year-old man who fatally stabbed his mentally-ill son in the leg in a “desperately sad” case of manslaughter has been jailed for 18 months.
Ms Justice Mary Ellen Ring said both men paid a “very high price” for an interaction that lasted a “very short period of time”.
She imposed a two-year sentence, suspending the final six month, on Zbigniew Bednarczyk (70). She said the severing of the femoral artery in the leg of his son, Rafal Bednarczyk Jacyna (37), was “unexpected”, and “any movement by either party could have led to another outcome”.
Bednarczyk, of Meadow Way, Kilkenny, was initially charged with the murder of his son at Meadow Way on February 27th, 2023. However, after his trial began last year, he entered a plea to manslaughter, which the State accepted.
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In passing sentence at the Central Criminal Court on Wednesday, Ms Justice Ring noted the deceased was diagnosed with bipolar disorder, for which he received medication and was under medical supervision.
“To lose a child through your own act is to compound the tragedy,” said Ms Justice Ring, adding that “the son lost was a father himself”. She said Rafal was troubled by mental health issues but was still a son loved by his father and mother.
She noted the deceased had been living with the defendant, which caused “difficulties”, particularly as he was not following his medication routine. She said he had returned to the house that day under the influence of alcohol and drugs, while his behaviour was noted on the day by others as “erratic”.
Ms Justice Ring saidshe had not lost sight of the fact that Rafal lost his life and he was not responsible for that, “but I cannot overlook the challenges his behaviour gave rise to”.
She said the possession of the knife was “happenchance”, as it was being used for food preparation and not as a weapon.
The defendant has 10 previous convictions, including making gain or causing loss by deception and the possession of false instruments, for which he received a 12-month sentence.
A probation report placed him at a moderate risk of being convicted again in the next year. Ms Justice Ring agreed with the Director of Public Prosecutions’ assessment that this case was in the lower culpability category of manslaughter cases.
At a recent sentencing hearing, Det Sgt Brian Sheeran gave evidence that Rafal had mental health issues for which he had been admitted to hospital.
On the day of the incident, in response to a 999 call, paramedics arrived at the scene to find Rafal on the floor of the kitchen surrounded by and drenched in blood.
The court heard State Pathologist Dr Sally Anne Collis said it was difficult to determine the degree of force used, but the severing of the femoral artery caused the deceased to go into hypovolemic shock.
A witness in the house said Bednarczyk and the deceased had been “getting physical with each other”. The witness said Rafal left the kitchen but came back in. The witness said the two men were close to each other, then he saw a lot of blood appear around Rafal’s leg. The witness said Bednarczyk ran and got another man to ring an ambulance.
Det Sgt Sheeran said the defendant told gardaí he was getting food ready when Rafal came in very agitated. Bednarczyk said he asked his son if he had taken his medication, which led Rafal to push and kick his father. Bednarczyk told gardaí he was holding the knife at the time, and his son “either hit against the knife or I did it”.
