Addict who brutally beat 94-year-old man during burglary is jailed for murder

A drug addict burglar who inflicted “brutal” injuries on a 94-year-old man after breaking into his flat as he slept has been jailed for at least 33 years for his murder.

Paul Topham, 46, had taken the keys to Harold Monk’s sheltered accommodation in Inglewood Avenue, Wolverhampton, days before he donned a balaclava and entered his small apartment with the intention to steal from him on October 3 last year, the city’s crown court heard on Thursday.

When the great-grandfather woke up during the burglary and confronted him, Topham carried out what Judge Michael Chambers KC called a “brutal and sustained” attack which left Mr Monk with 18 fractures to his face, skull, spine and ribs and injuries to his brain and abdomen.

The court heard Topham told a neighbour who confronted him during the attack and called 999 to “f*** off” as he held Mr Monk down and sat on him during the beating.

Mr Monk was taken to hospital following the attack but died of his injuries in hospital the next day after giving an account of what happened to police.

Mr Chambers said Mr Monk, who was vulnerable due to his age and health conditions including cardiac disease and osteoporosis, “died a violent death at a location where he should have felt safe”.

Topham, who wore a dark grey tracksuit with white stripes, showed no emotion in the dock as he was handed a life sentence for murder, with a concurrent sentence of 54 months for burglary.

The judge said: “When he woke up and challenged you, you subjected him to a sustained and brutal attack beyond anything that was needed simply to escape.

“It was a particularly despicable crime and falls among the worst sorts of homicides.

“I’m satisfied so as to be sure that you knew that flat was the home of a very elderly vulnerable man. You knew almost certainly that he would be at home and may wake up.”

He added: “Mr Monk had lived a good life with many interests and achievements. He lived relatively independently for his age and played a full part in the community.

“The family were looking forward to celebrating his 95th birthday – instead he died a violent death at a location where he should have felt safe.”

The court heard Topham would visit a relative at the sheltered accommodation and when he saw Mr Monk had left his keys in his door the weekend before the attack, he stole them with the intention to return and steal from him.

He was under the influence of drugs and alcohol when he travelled from Birmingham to Mr Monk’s flat in the early hours of October 3 equipped with a balaclava and a change of clothes to carry out the burglary.

The judge said: “During your search of the flat you woke him up – not surprisingly given the size of the flat.

“The light was put on and you could see a frail old man. He got out of bed and challenged you.

“Instead of fleeing or pushing him to the ground, you stood your ground and attacked him.

“You repeatedly and forcibly assaulted him, punching him and sat on him to such an extent you fractured his ribs.”

The judge said he was satisfied Topham, of Palmerston Road, Birmingham, had continued to burgle Mr Monk’s flat while the elderly man lay dying.

After police were called at 3.04am, Topham did not co-operate and fled to the roof of a conservatory where he took part in a stand-off with officers before he was eventually arrested.

Topham admitted burglary and the manslaughter of Mr Monk, but a jury convicted him of murder following a trial in July.

Defending, Gurdeep Garcha KC said Topham was “not a heartless, evil man” and that he did not intend to kill anyone when he set out to burgle Mr Monk’s home.

He said: “He has to live the remainder of his days with the knowledge he has caused so much pain to so many people. Mr Monk is entirely blameless in the events that happened that night.

“He recognises the blame lies solely with him, he is the author of this whole event.

“He has asked me to publicly express his regret for what he has done but he understands saying sorry won’t undo the pain and damage he has done.”

Mr Chambers said he was not convinced Topham was remorseful for the attack and was instead more concerned about himself.

He said: “I accept there was no planned intention to kill or to assault Mr Monk, and I accept that in one sense there is a lack of pre-meditation, but in my judgment that is a simplistic view.

“It is accepted you didn’t set out to kill or assault, but neither was what you did spur of the moment.

“You knew almost certainly he would be at home in bed in this relatively small flat.

“You knew it was foreseeable he might wake up and challenge you, and you would need to address that and may need to use violence.”

In a victim impact statement, Mr Monk’s daughter Patricia Monk said her father was a “wonderful human being who was loved dearly by his family”.

She said: “We miss his quirky sense of humour and his huge presence. We miss witnessing the fulfilment he found in everyday life even at 94 years old and he loved to see his grandchildren and great grandchildren grow.”