The defendant was violently attacked by his father. He inflicted two knife blows on him at a time when, as a result of being strangled by P.M., he could not breathe and began to lose consciousness. He was fighting for his life with a knife. Thus, he acted in necessary defence, repelling a direct and unlawful attempt on his life - said judge Łukasz Obłoza, justifying the sentence in the case of the incident, which occurred on August 19, 2020, in a small village in the commune of Niemce (the Lublin region). On that day, 54-year-old P.M. died from two stabbings.

 

The trial showed that P.M. had abused his son Kamil M. For years, beginning in 2016, while under the influence of alcohol, he broke his son's nose twice, beat him, causing a head injury, and broke an ankle in his leg. According to the court, Kamil M. was afraid of his father, who was stronger than him.

 

The defendant, due to his physical conditions, was unable to defend himself against the father’s subsequent aggressive behaviour. At times when the drunk father began to attack him verbally and physically, Kamil M. would grab a kitchen knife and point it at the aggressive father. According to his explanation, this was usually enough and the father calmed down," - the judge said.

 

The attack occurred again on August 19, 2020, at approximately 10 to 11 p.m. in the hallway of M's home. According to the defendant, who was the only witness to the incident, his father threw himself at him, toppled him, and pressed him to the floor. Earlier, Kamil M. had grabbed a knife.

 

The father began to choke his son. “He nuzzled my neck. I went dark before my eyes," Kamil M. said during the first hearing. Kamil M. stabbed his father twice. Then, he fled to his room. The 54-year-old bled out. In the morning his body was found by his wife. She notified the clinic, which informed the police of the death. On the same day, Kamil M. was arrested. The prosecution has charged him with murder.

 

According to the court, Kamil M. acted in necessary defence. 

 

“Acting in necessary defence, (...) even if it results in the death of the attacker, does not constitute a prohibited act. For this reason, Kamil M. should have been acquitted of the alleged crime," the judge said.