DANIEL FRANCZAK, PENZANCE SENTENCED AT TRURO CROWN COURT
A court has heard how a woman feared she might die after being pinned down on the bed with her partner’s hand around her throat.Daniel Franczak, whose address was previously given as a room in a Penzance pub, was before Truro Crown Court for sentencing after pleading guilty to two counts of assault causing actual bodily harm (ABH).
The court was told that Franczak and the woman he assaulted had been living in Reading when the first assault took place in May 2021, before moving to Cornwall six months later, and a second assault took place in Penzance in August this year.
Heather Hope, prosecuting, said that after moving in together the couple’s relationship “deteriorated,” with Franczak standing outside his partner’s place of work waiting, sometimes for hours at a time.
On May 25 last year both had been out in Reading but returned home separately.
When Franczak returned he was described as being “in a foul mood”.
An argument began and he slapped her in the face, pushed her on to the bed and climbed on top of her, said Ms Hope.
He then punched the woman “at least ten times” while pinning her down, according to the victim in a later police interview.
Ms Hope said the woman tried to put her arms in front of her face to shield herself from the blows.
Reading from the victim’s statement, she continued: “He then wrapped his left hand around my throat, strangling me.
It was hard to breathe.
It was impossible to move.” Ms Hope added: “She thought she was going to get hurt or even die.” Franczak then got off her and she was able to grab her glasses and phone, with Franczak telling her “You need to f*** off before I kill you,” the court was told.
However, the pair resumed their relationship and moved to Cornwall in November 2021.
In August this year they were both living and working in Penzance, with the woman also working a second job at the weekends in Newquay.
On the 25th of that month they were both in Penzance and after finishing work had gone for a walk.
Ms Hope said: “The defendant started accusing [the woman] of spending time with other men.
She denied this but this made him angrier.” After both drinking alcohol he became more aggressive, she said.
The woman was trying to pack to leave for her accommodation in St Austell, ready to start work the next day, but Franczak punched her.
“She said the punch was hard and powerful enough to knock her over and bang her head.
She thought the blow to her head led her to lose consciousness, as when she came to the defendant was squeezing his hands around her neck,” said Ms Hope, who added that she was “shouting he was going to kill her.” She said for reasons the woman didn’t understand, he then got off her and eventually, at around 3am, she was able to leave while he was asleep.
The woman did not go in to work the next morning due to the bruising on her face, and Franczak turned up at her home in St Austell, shouting up at the window.
Afraid of “causing a scene” she let him in and he was described as being aggressive with her.
She had already made plans to meet with a friend, who saw her injuries and insisted on returning home with her and calling the police.
Ramsay Quaife, speaking on behalf of Franczak, said the 43-year-old was “genuinely sorry for what he did,” adding that he was “genuinely shocked for what happened to his partner.” He went on to say: “This is a man who accepts some degree of responsibility.
What is clear is this is someone who has not quite learnt the error of their ways.
He is a man who has deficits as to his thinking and to his behaviour.” While Mr Quaife acknowledged the offences were serious enough to warrant prison, he said: “The question is can these women be better protected sending him off to a prison cell for 23 hours a day” or whether engaging with support outside of prison would “prevent this from happening again.” This would also allow Franczak to continue supporting his children back in Poland.
Judge Robert Linford told Franczak his attack on the woman was “utterly, utterly dreadful” and there was “no question it crosses the custody threshold.” However, he said the defendant had given an “enthusiastic response” so far to courses to rectify his issues.
Judge Linford sentenced Franczak to a total of 22 months in prison but suspended it for two years.
He must take part in a Building Better Relationships course and carry out 140 hours of unpaid work, paying a £156 surcharge to fund victim services.
A further charge of strangulation, to which he had pleaded not guilty, was ordered to lie on file.
