Man armed with breadknife spat blood at Cork garda 

Man armed with breadknife spat blood at Cork garda 

Judge Alec Gabbett said he would treat the crime of assaulting a Garda as a crime “of the utmost seriousness.”

A man who spat blood at a Garda after he assaulted a woman in her own home and tried to break back into that home with a breadknife was given a three-month suspended sentence.

Gardaí arrived to a residence in Rathcormac, Co Cork, last April to find Michal Kaczmarczyk, aged 21, armed with a bread knife, trying to break into his family home.

He had invited friends to drink alcohol in his parents' house without their permission and had been “roaring abuse” at his mother, the court heard.

In a rage, he kicked in the patio door of their home and cut himself in the process.

He was in Fermoy District Court on three charges, assaulting a guard, assaulting another person and causing criminal damage.

Judge Alec Gabbett said he would treat the crime of assaulting a Garda as a crime “of the utmost seriousness.” The court heard how on April 9, 2020, gardaí responded to reports of a fight at a residence in Rathcormac.

On arrival, gardaí observed damage to the front door. The patio door was smashed after having been kicked in by the defendant.

The homeowner's son, Michal Kaczmarczyk, had been “roaring abuse” at his mother, after having friends over to the house.

Carrying a large bread knife, he was observed by gardaí trying to break back into the house.

Gardaí said that he was “very violent” following the arrest and tried to spit blood at one of the gardaí.

The guard did not require treatment, the court heard.

His solicitor, Matt Birmingham, said his client "was out of his tree" that night and regrets his actions.

“He’s pleading guilty, he apologises to everyone concerned. He’s been at home, obeying his curfew.

He has the support of his parents," said Mr Birmingham.

“He needs help and someone to direct him."

The solicitor appealed for leniency, and for his client to be permitted to engage with the probation service.

“He’s prepared for the consequences but I would ask one last time for the chance to engage with the probation service,” Mr Birmingham said.

Kaczmarczyk had 12 previous convictions, including convictions for public order, assault, and misuse of drugs.

He was last in court in November.

Mr Birmingham said that a recent week spent in Cork prison was a sobering experience for the young man who is now living with his parents, is currently off drugs and has been working.

But Justice Gabbett said that there was “no excuse” for assaulting a garda, assaulting a woman and brandishing a knife.

“The last thing a garda needs is to be spat at. At any time of the day, to spit at someone is abhorrent. But at a time when everyone is very concerned about bodily fluids it’s particularly difficult for gardaí when doing their duties.

“On the 9 April, 2020, we were in lockdown. He should have been at home in bed like the rest of the country.” 

Kaczmarczyk was convicted on all charges and given a three-month prison sentence, suspended for three years.

“He should be getting six months [in prison] for assault,” Justice Gabbett said.

“I’m suspending the sentence to give him a chance to get off drugs.

“You can’t assault people in their own house and you can’t spit at or bite members of An Garda Síochana.”

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