A DRUNKEN factory worker who tried to strip a female student in the street at night will have to sign on the sex offender's register for 10 years and has had his fine replaced with a prison term after an Appeal Court ruling today.
Marcin Pawel Balazy, 22, grabbed his victim by the back of her trousers in a secluded alley near the Student Union bar on the Plymouth University campus on May 10 this year after following her from Sherwell Arcade.
The Appeal Court heard how he attempted to yank down her trousers after approaching her from behind.
Pulled to the ground, the female student was "petrified" that she would be raped. However, she kicked him off while screaming loudly.
Balazy, of Hill Park Crescent, Plymouth, was seen on the footage to nonchalantly return to the area of Sherwell Arcade afterwards.
He was later arrested and spent five months on remand in jail before pleading guilty to sexual assault at Plymouth Crown Court in October.
However, he was allowed to walk free, due to the time he had already spent in custody. He was handed a £500 fine, ordered to pay £600 compensation to his victim, prosecution costs of £375, the Criminal Court Charge of £900 and the victim surcharge of £50.
However, there was outcry in Plymouth after it was learned the judge in the case, Judge Ian Lawrie, did not order Balazy to sign onto the Sex Offender's Register, which would have allowed police to monitor him.
His sentence was also attacked as far too soft by the Solicitor General, Robert Buckland QC, who referred the case to the Court of Appeal to look at again.
Today Sir Brian Leveson, Mr Justice Openshaw and Mrs Justice Simler, ruled that Balazy's sentence was "unduly lenient".
They replaced the fine with a 10-month jail term.
Balazy has already served that term – but as a result of today's decision he will now have to sign on the Sex Offenders Register for a decade.
Sir Brian said: "Other young ladies in Plymouth may well be pleased that the police are monitoring somebody who, when drunk, would attack a young woman in this way."
The court heard that Balazy, a Polish national, was working in a factory making tyres in the Plymouth area and had a young baby with his partner.
He was said by his barrister to have been unused to drinking, and to have acted "out of character" on the evening of the sex attack.
Sir Brian said the picture painted of the attack was "disturbing".
However, the judge refused to send Balazy back to jail in light of his previous good character and other mitigation in his favour.
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