HMA v Lucjan Krzeminiski

At the High Court in Aberdeen today (11 March 2020) Lord Arthurson sentenced Lucjan Krzeminiski to 6 years imprisonment after he was convicted of rape.

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

“Lucjan Krzeminiski, on 7 February 2020 at Glasgow High Court you were convicted by a jury of the crime of rape. In particular it was plain from the evidence led at your trial, which the jury must have accepted, that on 28 October 2016, in your own flat in Glasgow, with your children present in that flat, you took advantage of a vulnerable 16 year old girl whilst she was intoxicated and under the influence of alcohol, and raped her in your bedroom, as she was quite literally surrounded by her own vomit. The jury in so convicting you clearly rejected your defence of consent.

Your criminal record is of a limited and summary nature, albeit I note that you do have a conviction in that record dated 2013 for domestic assault. You have never been to prison before. This is a re-indicted case, in which you appeared for your trial having been extradited from Poland for that purpose. You failed to appear for your original trial on 29 January 2018 and a warrant was issued for your arrest. You were arrested in Poland on 1 April 2019 and re-appeared in court in Scotland on 3 May 2019. You have been remanded in custody since that date.

The criminal justice social work report and risk assessment which have been prepared in respect of you for this sentencing hearing set out your own personal circumstances, including your family and employment history. You have been reported therein as expressing no remorse or empathy and have been assessed as presenting a low risk of sexual reconviction but a significant risk of sexual harm to known female adults.

I have listened with care to the submissions advanced on your behalf this morning by your counsel, and propose to take all of the points which she has helpfully made into account in selecting a suitable disposal in your case. In particular I note what has been said by your counsel concerning your family arrangements and background together with information in the background report about your medical history subsequent to a serious road traffic accident in Poland which led to head injuries and a lengthy period of hospitalisation.

In the whole circumstances it is clear that no sentence other than a significant custodial one will be appropriate for a crime of this gravity. Having carefully considered the detailed terms of the reports available to me I have reached the view on balance that a determinate sentence with the usual licence provisions will provide adequate protection to the public in respect of the level of risk which you present. You will accordingly serve on this indictment a period of 6 years imprisonment, backdated to 3 May 2019, being the date of your initial remand in custody in these proceedings following upon your extradition.

Finally, as a result of this sentence you will now be subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 for an indefinite period.”