Zbigniew Bednarczyk (centre, wearing grey tracksuit) / Picture: Christopher Dunne
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.
“I am satisfied that they both paid a very high price for an interaction that lasted a very short period of time,” said Ms Justice Mary Ellen Ring, imposing a two-year sentence with the final six months suspended on Zbigniew Bednarczyk (70). She said that the severing of the femoral artery in the leg of his son, Rafal Bednarczyk Jacyna (37) was “unexpected”, adding that: “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 27, 2023. However, after his trial began last year, he entered a plea to manslaughter in October 2024, which was accepted by the State.
In passing sentence at the Central Criminal Court today (Wednesday, Ms Justice Ring noted that the deceased had been diagnosed with bipolar disorder, for which he received medication and was under medical supervision. She said that he had drunk alcohol on the day he died, with a toxicology report showing that he was three times over the legal limit for driving and had also taken amphetamines and prescribed medication.
“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 that Rafal was troubled by mental health issues but was still a son loved by his father and mother. She noted that at the time of his death, he had stopped taking his medication and was using alcohol, which would not have had a positive influence on his mental health.
She noted that the deceased had been living with the defendant, which caused “not unexpected difficulties”, particularly as he was not following his medication routine. She said that 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 went on to say that there was no evidence to contradict the defendant’s statement that he had the knife in his possession at the time as he was using it to prepare food.
“I have 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,” said Ms Justice Ring, adding that she also noted the challenges faced by family members when caring for those with mental health problems.
“I am satisfied that they both paid a very high price for an interaction that lasted a very short period of time,” said the judge, adding that the possession of the knife was “happenchance”, as it was being used for food preparation and not as a weapon.
“The severing of the artery was unexpected, as any movement by either party could have led to another outcome,” she said.
The defendant had 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 12 months, while gardaí had said he was very remorseful for what he had done. Ms Justice Ring said that she agreed with the Director of Public Prosecutions’ assessment that this case was in the lower culpability category of manslaughter cases.
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Setting the headline sentence at three years, Ms Justice Ring said that after taking into account the plea of guilty and the fact that she did not think the defendant was a risk to the community in the future, she would reduce the sentence to two years, dated from January 1, 2024. She suspended the final six months on condition that the defendant remain under probation supervision for 12 months from the date of his release.
At a recent sentencing hearing, Detective Sergeant Brian Sheeran gave evidence that Rafal had mental health issues for which he had been admitted to hospital, with Bednarczyk telling gardaí he was “having an absolute nightmare” with his son.
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 that State pathologist Dr Sally Anne Collis said that 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 who was present in the house said that Bednarczyk and the deceased had been “getting physical with each other”. The witness said that Rafal left the kitchen, but then he came back in and he and his father started calling each other names. 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 that Bednarczyk ran and got another man to ring an ambulance.
Det Sgt Sheeran said that when interviewed, the defendant said he was at home 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 that he was holding the knife at the time, and his son “either hit against the knife or I did it”.
“It goes without saying that this is a desperately sad case,” Bednarczyk’s counsel Colman Cody SC told the court. He added that Bednarczyk had
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