Last July there was a tragic accident in Bobrowniki close Łowicz, which ended in the death of a young man. The territory Court in Łódź sentenced Agnieszka K. to 14 years in prison for execution in the intention of possibly, considering that a woman, driving a car under the influence of alcohol and drugs, predicted the anticipation of her boyfriend Bartłomiej M.'s death, and agreed to this risk. Consequently, a court in a legal composition capable of legal acts softened the demands of the prosecutor, who demanded 15 years imprisonment for the defendant.
The tragic accident
The tragedy occurred on July 15, 2023, early in the morning. As the court determined, the erstwhile evening Agnieszka K. spent time with her friends and then corresponded by telephone with Bartłomiej M., whom she began to meet again after the break. After taking her friends, under the influence of alcohol and psychotropic substances, the female returned to Bobrownik, where she met her boyfriend. They spent the night together at her house, but at any point there was an argument between them.
During an argument, being under the influence of alcohol, Agnieszka K. got into her BMW and began riding close Bartholomew M. Witnesses confirmed that a female had repeatedly come very close to a man, severely inhibited. She urged him to get in the car with her and return home, but Bartłomiej M. refused. After this incident, Agnieszka K. drove away, but turned around to get closer to the man again. As she explained before the court, she wanted to draw his attention by “gasping” the car.
However, events were tragic. While driving a disabled car at a velocity of 90 km/h on the road, where a maximum velocity of 40 km/h was allowed, the female lost control of the vehicle. The BMW hit Bartholomew M. who died at the scene. Agnieszka K. immediately called for aid and tried to resuscitate the boy, but the injuries were besides severe.
Reasons for the judgment
The territory Court in Łódź ruled that Agnieszka K. acted with a possible intention, which means that she predicted the anticipation of Bartłomiej M.'s death and accepted the risk. justice Agnieszka Boczek, in the justification for her judgment, stressed that the defendant, being intoxicated and influenced by psychotropic substances, was moving in an inefficient vehicle at excessive speed. "The intent to pass close the victim, coupled with the failure of control of the vehicle, led to the death of Bartholomew M."
The court found that the actions of the accused were motivated by anger and the desire to impress Bartholomew M. "The accused was angry, she wanted to show it, to manifest her anger, to impress Bartłomiej M." “She did not want to hurt, she did not want to kill, but she had to accept that she could kill a man. And this has happened.”
Punishment for the defendant
For the fatal hit-and-run of Bartłomiej M. and driving a car under the influence of alcohol and drugs, the court sentenced Agnieszka K. to a full of 14 years imprisonment and 8 years ban on driving. In addition, she was obliged to pay a full contribution of PLN 10 1000 (for each of the 2 charges), for the benefit of the fund of assistance to the victims and post-penitentiary assistance. It must besides cover the costs of hiring a lawyer by the household of Bartłomiej M. killed, which totals almost PLN 6.5 thousand.
However, the court rejected the claim for compensation from Bartholomew M’s parent and grandmother. Both women had previously made a deal with the insurer, relinquishing further claims related to the death of a man, which, according to the court, excluded the anticipation of further redress.
Rejection of mitigating circumstances
Judge Marcin Masłowski stressed that it is hard to accept any mitigating circumstances erstwhile driving under the influence of alcohol. Nevertheless, the court took into account certain factors in favour of the accused, specified as her young age (Agnieszka K. is 23 years old), the deficiency of prior penalties and a good reputation among neighbors.
Judgment is not final
Agnieszka K. did not plead guilty in court, and in her last word she apologized for what happened. The defendant's defence has already announced an appeal against the judgment, meaning that the case is not yet over.
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Agnieszka K. heard 14 years in prison for execution in the intention of possibly