Rex -v- Piotr Kucharski

Central Criminal Court

1 November 2024

Before:

Recorder of London
His Honour Judge Mark Lucraft KC

Between:

Rex

-v-

Piotr Kucharski

Sentencing remarks

The sentencing remarks from the case of Rex v. Kucharski on November 1, 2024, involve a defendant who pleaded guilty to an offence under Section 11(1) of the Terrorism Act 2000, for professing to be a member of the proscribed terrorist organization, the ‘Wagner Group’. The charges stem from events between September and October 2023, including an incident at a combat re-enactment event where the defendant was seen wearing clothing with the ‘Wagner Group’ insignia and brandishing a weapon.

Key Facts:

  • The defendant, a 49-year-old Polish national, had previously communicated with contacts through social media, claiming to be involved with the ‘Wagner Group’ and fighting in Ukraine. His social media posts and interactions indicated support for the group.
  • During the re-enactment event on October 28, 2023, he was expelled for his extremist views but attended the event wearing a jacket adorned with ‘Wagner Group’ badges and was subsequently arrested after brandishing a weapon and making threats.
  • His social media activity also included posts about joining the group and traveling to Belarus and Ukraine to fight. A significant detail was his failure to recognize the seriousness of these actions, which showed a lack of remorse.

Legal Considerations:

  • The court considered the aggravating factors, including the defendant’s previous convictions for violence, his expressed hostility toward Ukraine, and the premeditated nature of his actions, particularly his effort to create a fabricated narrative about being a member of a terrorist organization.
  • Sentencing guidelines suggested a starting point of 3 years’ imprisonment for such offences, with a range of potential sentences from a high-level community order to 4 years’ custody.

Sentence:

  • The defendant received a custodial sentence of 2 years and 6 months imprisonment, with a further 1-year extended licence period, resulting in a total of 3 years and 6 months.
  • The defendant will be eligible for release after serving two-thirds of the custodial term. He will also be under supervision during the extended licence period.
  • Additional orders included the forfeiture of items such as his jacket, cap, and weapon seized at the scene, and he will be subject to notification requirements under the Counter Terrorism Act 2008 for 10 years.
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