repeat offender Stabs man his wife and friend - gets suspended sentence

Man gets suspended sentence for stabbing Polish couple

A man who repeatedly stabbed a Polish national leaving him with life-threatening injuries has received a three-year suspended sentence at Dublin Circuit Criminal Court.

James Boland (aged 25) of Kerdiff Close, Naas, previously of Kilmahuddrick Grove, Clondalkin, pleaded guilty to intentionally or recklessly causing serious harm to Gregorz Mylnarski and to assault causing harm to Magdalena Mylnarski, at Maplewood Road, Tallaght on February 10, 2007.

Judge Desmond Hogan said that he accepted that Boland has a child with a serious medical condition who is heavily reliant on both Boland and his partner.

He said that Boland’s son, who suffers from cerebral palsy, and his immediate family would “fare badly” if he were to impose a custodial sentence.

“Should I impose a custodial sentence I would be casting too wide a net and adversely affecting the lives of others who are totally innocent of any wrongdoing,” Judge Hogan said.

Defence counsel, Mr Erwan Mill-Arden SC, told the court that the Probation Service deemed that Boland had “passed the test” and was suitable for community service.

Judge Hogan said the offence was still a “serious and unwarranted” assault but recognized that Boland had consumed a large amount of alcohol prior to the attack and had a severe drinking problem.

He dismissed suggestions that Boland, having consumed two bottles of vodka and eight cans of beer prior to the assault, was pushed over the edge by the consumption of some Micky Finns liquor.

Judge Hogan directed Boland to complete 240 hours of community service and undergo an anger management programme.

Garda Ciaran Loughrey told prosecuting counsel, Mr Vincent Heneghan BL, that Mr Mylnarski was stabbed four times during the attack and that witnesses said that he was kicked several times while he lay on the ground.

Mr Heneghan, reading from the victim impact statement, told the court that Mr Mylnarski experienced major blood loss and suffered damage to his pancreas and bowel.

Gda Loughrey said that Mr Mylnarski’s wife, Magdalena, was also stabbed, once to the thigh, as she tried to protect her husband and that another member of their group received a stab wound to his shoulder during the incident.

Boland does not face any charges in relation to this second man. He had 20 previous convictions including a drink driving charge and a public order offence.

Mr Mill-Arden offered a different explanation for that night’s events to Gda Loughrey.

He suggested that the defendant was heavily intoxicated after drinking close to “two bottles of vodka, eight cans of beer and some Micky Finn” and that shortly before the first altercation with Mr Mylnarski’s group, Boland was involved in an incident with another man who had threatened him in relation to money.

Mr Mill-Arden said that, after the first attack on Mr Mylnarski, Boland had gone to get a knife to follow the man who had earlier threatened him. Gda Loughrey said that he did not believe this to be true.

Mr Mill-Arden submitted that Boland was drunk on the night of the offence and that he had since attempted to address his problems with alcohol by attending a clinic. He said that his client had been in regular employment since he left school, until he was recently made redundant and that he was a family man.