The scene of the violent incident in Ellen Street in Limerick city in 2020 I PICTURE: Brendan Gleeson
A POLISH national who attempted to murder his flatmate in a prolonged knife attack - after consuming so many drugs that he believed he was Jesus Christ - has failed to have his 11-year prison sentence reduced on appeal.
Dominik Biber, aged 28, of Ellen Street, Limerick city, pleaded guilty to the attempted murder of Tomasz Grosser on April 11, 2020, at Ormston House, Ellen Street in Limerick.
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He also pleaded guilty to falsely imprisoning Mr Grosser and to committing a burglary at a neighbouring apartment in Ormston House while in possession of two knives.
He was sentenced at the Central Criminal Court in December 2022 to 13 years in prison with the last two years suspended for four years for the attempted murder, which sentencing judge Mr Justice Paul McDermott described as a "ferocious and spontaneous eruption of terrible violence". The charges of burglary and false imprisonment were taken into account.
Appealing against the severity of his 11-year sentence at the Court of Appeal this Monday, Biber’s counsel Michael Bowman SC said the offences had occurred in “very unusual circumstances”. He said Biber had been living with the victim, Tomasz Grosser effectively on a “grace and favours” basis.
He said the judge had noted Biber had a “high moral culpability” on the basis that drugs had been imbibed, despite the fact that the defendant had previously experienced “drug induced psychosis”.
Mr Bowman contended the headline sentence of 17 years set by Mr Justice McDermott was too high, given that there were a “multiplicity of mitigating factors in the case”.
He said one of the more remarkable features of the case was that the victim, having sustained bite marks and knife injuries to his face and head, was brought to hospital but was discharged the next day.
He said there had been no “extraordinarily life altering” injuries or paralysis in this case but this wasn’t reflected in the headline sentence or in the discount given for mitigation.
Counsel said Biber was a young man who had a “constant work history” and a role of responsibility through his employment as a cleaner in a university. He said everything pointed to the fact that his client would be “a law-abiding citizen” and was unlikely to come before the courts again if he stayed away from drugs.
“I think everyone acknowledged it happened as a result of the drugs he had taken,” he added.
Mr Bowman also argued the court could have suspended a further portion of the sentence to “encourage rehabilitation”, given Biber’s age, his pro-social background and his undertaking never to take drugs again because of their “disastrous consequences”.
In response, Ronan Kennedy SC, for the Director of Public Prosecutions, said Biber had “persisted” in taking illegal drugs purchased over the internet despite his previous experience of drug induced psychosis.
He said the judge had given a deduction of “over 35%” from the headline sentence. The judge had been “extremely thorough” and had gone through every relevant factor, the barrister said, and “could not be faulted” in how he dealt with the case.
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Dismissing the appeal, Mr Justice Peter Charleton said the court did not see any basis on which it could interfere with the sentence. He said a written judgement outlining the reasons for this would be provided at a later date.
Biber’s sentencing hearing was told that Mr Grosser observed Biber asking God to take away the drugs in his possession but then accused Mr Grosser of stealing a packet belonging to him.
Biber phoned his mother on a video call and told her that he was Jesus Christ who had to kill the devil. Biber picked up a knife from the kitchen before placing an armchair in front of the door, blocking Mr Grosser's escape. He then stabbed Mr Grosser around the head, neck, chest and leg and repeatedly told him "I'll kill you".
Mr Grosser managed to take the knife and break the blade in two before escaping the apartment to a neighbour. He was pursued by Biber, who had taken two more knives from the kitchen and gained access to the living room via the balcony, where he then continued stabbing Mr Grosser to the neck.
The neighbour escaped the apartment to call the gardaí.
When gardaí arrived, they found Mr Grosser bloodied and motionless. Biber then grabbed the victim in a headlock and again stabbed him a number of times in the face and neck. Gardaí struck Biber with a baton, restrained him and took the knife off him, but he continued to struggle and attempted to kick out before he was subdued.
Mr Justice McDermott said Biber had started taking cannabis at 17 and attended addiction counselling for four years afterwards. At 24, Biber started taking cocaine and other stimulants that cause him to experience psychosis and auditory hallucinations for one-to-two days at a time.
The court heard that whilst in custody, Biber was referring to himself as Jesus Christ and was self-harming by bashing his head off the wall.
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