Man who forcefully grabbed a fellow student’s bottom in a Leamington bar and then headbutted him when he took exception has been spared a prison sentence

A man who forcefully grabbed a fellow student’s bottom in a Leamington bar and then headbutted him when he took exception has escaped being jailed.

Joseph Kruczkowski had denied charges of sexual assault and assault – and his pleas of not guilty were eventually accepted at Warwick Crown Court after he admitted an offence of affray.

Kruczkowski (24) now of Lavender Hill, Enfield, London, was sentenced to five months in prison suspended for 12 months.

Prosecutor Matthew Barnes said the incident took place as long ago as November 2017 at a social event for Warwick University students in the basement Clink bar in Warwick Street, Leamington.

An altercation began after two male students on the dance floor were approached by Kruczkowski who, without warning, grabbed the buttocks of one of them quite painfully.

When the young man protested, Kruczkowski, who Mr Barnes said was showing off to his own friends, laughed and asked what he was going to do about it.

He then did the same to that student’s friend, ‘grabbing his buttock and pushing a finger, over clothing, between his buttocks in a forceful way,’ said Mr Barnes.

“Thereafter it seems the defendant and his group were deliberately backing into them on the dance floor, and when told to stop, the defendant said ‘What are you going to do about it?’

“The complainant pushed him back, and the defendant lunged forward and headbutted him, which led to a melee.”

As a result both of them suffered head wounds, with Kruczkowski coming off worse and needing hospital treatment.

The police were called and spoke to both men, and when he was later interviewed Kruczkowski said he had received a head wound but, having had six beers and five vodkas, did not know how it had occurred.

Matthew Rowcliffe, defending, said: “He is of previous good character, and of good character for more than two-and-a-half years since this incident.

“There are a series of references. All of them indicate this was not in character.

“The cause of what happened is difficult to determine, and Mr Kruczkowski himself suffered an unpleasant injury which received hospital treatment.”

Judge Sylvia de Bertodano observed that the incident was ‘something which happened nearly three years ago,’ and Kruczkowski has since left the university with a degree and has a job in product design.

Sentencing him, the judge told Kruczkowski: “You were in a night club a very long time ago in November 2017 and you, and I suspect everyone involved in this incident, had had a very lot to drink.

“An incident started. The details are a bit hazy, but it ended with you headbutting him.

“It was you and your friends who called the police, and it is clear there was a certain amount going on on both sides.

“It is clearly something which was out of character. You were at university at the time, and you left with a degree and you now have a successful career.”

And of the long delay in him being dealt with, Judge de Bertodano added: “You started off being charged with different and quite serious offences.”