HMA v MARIUSZ CIESLAR

At the High Court in Glasgow on 12 January 2015, Lord Turnbull imposed an extended sentence of 14 years imprisonment on Mariusz Cieslar after the accused pled guilty to two charges of assault with intent to rape.

On sentencing, Lord Turnbull made the following statement in court: 

“Mariusz Cieslar, you have pled guilty to two unconnected sexual attacks on young women who were strangers to you. In each attack your intention was to rape your victim. 

On each occasion the attack took place in the early hours of the morning and each victim was attacked within the privacy of her home or garden. On each occasion you were only prevented from achieving your intention by the bravery, persistent resistance and quick thinking of the young women involved. 

It is obvious, even from this brief description of the events, that the attacks must have been terrifying for the victims and will have long lasting effects upon them. 

However, the full horror of your conduct becomes even clearer when it is appreciated that each victim was specifically selected by you in advance and that you must have prowled around at night keeping them under observation and identifying their movements before deciding upon what seemed like the right point to put your evil plans into action. 

The fact that these women were strangers to you, who were attacked in secluded private locations, meant that there was no immediate method of identifying who their attacker was. 

The account given to me of the complicated and detailed enquiries which were undertaken by the investigating police officers made it clear that it was only through their dedicated and professional efforts that you were brought to justice. For that those officers deserve to be thanked and congratulated. 

I have taken account of what has been said on your behalf by Mr Mowbray and the information provided by you to the author of the Criminal Justice Social Work Report. If the account which you gave to the author of that report is true, then I tend to the view that this makes things even worse rather than any less serious. 

I say that for this reason. If this account is true it means that you were willing to use rape as a weapon to advance the interests of a foreign criminal gang involved in the trafficking of illegal drugs. 

In determining the appropriate sentence I must reflect the fear and harm which your conduct caused, not only to the two women concerned, but also to the whole local community which must have lived with the fear of an unknown, violent, nocturnal, sexual predator within its midst who’s tactic was to attack lone women in what was thought to have been the safety of their own homes.   

All of these circumstances combine to demonstrate that this is an occasion on which the court has a duty to impose a severe sentence which will mark society’s utter abhorrence of such conduct and which will, through deterrence, go some way to providing protection to other women. 

I am easily satisfied that you pose a substantial risk of serious harm to the female population. I therefore intend to impose an extended sentence. 

Taking the two charges together, the custodial element of that sentence would have been a period of 12 years imprisonment. I will restrict that to reflect the utilitarian value of your plea of guilty to a period of nine years to date from 18 August 2014 and I will impose an extension part of a further five years.”