R v Francis Peter Monk

R v Francis Peter Monk

The seriousness of the offence, aggravating features, lack of remorse, and risk to the public outweighed mitigation and delay; the sentence of immediate custody was not wrong in principle and the restraining order was justified.

Parties
Prosecutor: Rex; Appellant: Francis Peter Monk
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Assault Occasioning Actual Bodily Harm, Sentencing, Suspension of Sentence, Restraining Order
Criminal Law Assault Occasioning Actual Bodily Harm Sentencing Suspension of Sentence Restraining Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rex

Prosecutor

Francis Peter Monk

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of immediate custody should have been suspended
  2. 2 Whether the restraining order was necessary and proportionate

Ratio Decidendi

The seriousness of the offence, aggravating features, lack of remorse, and risk to the public outweighed mitigation and delay; the sentence of immediate custody was not wrong in principle and the restraining order was justified.

Court Disposition

appeal dismissed

Orders

  • Immediate custodial sentence of 26 weeks upheld
  • 5-year restraining order against contact with victims upheld