R v Jacek Brzozowski

R v Jacek Brzozowski

It was properly open to the judge to treat the case as category 1B rather than 1A, given the absence of evidence that the offender used alcohol to facilitate the offence, lack of specific targeting, and nuanced consideration of age disparity. The sentence, though lenient, was within the judge's discretion and not unduly lenient to warrant intervention.

Parties
Applicant: Rex; Respondent: Jacek Brzozowski
Jurisdiction
England and Wales
Judgment Date
18 August 2025
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
leave granted; reference dismissed
Legal Topics
Sentencing, Sexual Offences, Unduly Lenient Sentence, Suspended Sentence
Criminal Law Sentencing Sexual Offences Unduly Lenient Sentence Suspended Sentence

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Parties

Rex

Applicant

Jacek Brzozowski

Respondent

Procedural Posture

Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Proper categorisation under sentencing guidelines for sexual activity with a child

Ratio Decidendi

It was properly open to the judge to treat the case as category 1B rather than 1A, given the absence of evidence that the offender used alcohol to facilitate the offence, lack of specific targeting, and nuanced consideration of age disparity. The sentence, though lenient, was within the judge's discretion and not unduly lenient to warrant intervention.

Court Disposition

leave granted; reference dismissed