Monument v R.

Monument v R.

The Restraining Order made on 14 May was invalid as the enabling statute had been repealed; the slip rule did not apply retrospectively due to the judge's direction; the Court of Appeal could not impose a Sexual Offences Prevention Order for a longer period without breaching statutory limits on severity.

Parties
Appellant: Andrew Monument; Respondent: R
Jurisdiction
England and Wales
Judgment Date
21 January 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Ancillary Order
Outcome
Appeal allowed; Restraining Order set aside.
Legal Topics
Sexual Offences, Ancillary Orders, Interpretation of Statutes, Sentencing, Slip Rule
Criminal Law Sexual Offences Ancillary Orders Interpretation of Statutes Sentencing Slip Rule

Case Brief

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Parties

Andrew Monument

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Ancillary Order

Legal Issues

  1. 1 Validity of Restraining Order imposed after repeal of enabling statute
  2. 2 Applicability of slip rule to ancillary orders
  3. 3 Whether a Sexual Offences Prevention Order could be imposed in place of invalid Restraining Order

Ratio Decidendi

The Restraining Order made on 14 May was invalid as the enabling statute had been repealed; the slip rule did not apply retrospectively due to the judge's direction; the Court of Appeal could not impose a Sexual Offences Prevention Order for a longer period without breaching statutory limits on severity.

Court Disposition

Appeal allowed; Restraining Order set aside.

Orders

  • The Restraining Order imposed on 14 May is quashed and of no effect.
  • No Sexual Offences Prevention Order is imposed.