Oxford court: Suspended jail for man who 'almost tore testicles off'

Daniel Swiatek, 40, had come over to Oxfordshire from his native Poland in order to help his mother move back to Eastern Europe.

He was drinking with his mother and a neighbour couple on the evening of July 15 when, apparently without warning, he made a grab for the other man’s groin. 1

Prosecuting, Kevin West told Oxford Crown Court on Friday (August 26) that Swiatek ‘pulled hard, causing significant pain’.

The assault lasted around 30 seconds.

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“The complainant and his wife left the flat and went back to their address. The complainant was in a significant amount of pain but at that stage didn’t realise how significant the injury was,” Mr West said.

“The following morning when he got up to use the toilet, he noticed there was a tear in his scrotum and he went to the hospital.”

Judge Nigel Daly noted that, from the medical evidence, the wound was 6cm long and the victim’s testicles were ‘swollen’.

Putting the case in a nutshell, the judge said: “In this case he has attacked his testicles and nearly torn them off.”

Swiatek was interviewed by the police. In his mind the victim had started a fight, although he claimed not to remember causing the injury.

He said he had been drinking and smoking cannabis. He apologised to the victim.

Appearing at the crown court on Friday, Swiatek, of no fixed address in this country, pleaded guilty to causing grievous bodily harm.

He had no previous convictions.

Mitigating, Bethan Chichester asked the judge to impose a suspended prison sentence rather than an immediate spell in custody so her client could return to his wife and family in Poland.

She said: “I’d invite the court to take quite an unusual approach. In the circumstances given there is no work probation can do. There are no issues with alcohol or similar, this was something that happened in a moment.”

His family had put aside a sum of around £4,000 from which to pay compensation to his victim. The money was currently in his mother’s bank account.

Ms Chichester said: “He is extremely remorseful for what happened that night and is devastated about what is going to happen next.”

Judge Nigel Daly (Image: Oxford Mail)

Sentencing, Judge Daly said: “You don’t know why you attacked your victim; as you had had so much to drink or smoked so much cannabis you can’t remember.

“The victim has no idea why you attacked him either.

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“It was a nasty attack, causing a serious injury to his scrotum and testicles.”

He added: “It’s all a bit of a mystery.”

The judge imposed an eight-month suspended prison sentence, meaning he will only serve the time behind bars if he gets in further trouble in England and Wales in the next two years.