Westcountryman

Graffiti prison terms overturned

Two graffiti artists jailed for spray painting trains and railway bridges have had their sentences overturned.

Thomas Dolan, 20, and Thomas Whittaker, 18, of Macclesfield, Cheshire, caused about £23,000 of damage and were jailed for 15 and 12 months respectively.

Their parents protested against the sentences and a petition was started on networking website Facebook.

The Court of Appeal decided each man should receive a two-year conditional discharge instead of prison terms.

Five-year Anti-Social Behaviour Orders (Asbos) were also quashed by Mr Justice Grigson sitting with Lord Justice Latham and Mr Justice Aikens in London.

They said the Asbos were "inappropriate" because the graffiti was not threatening or offensive.

The "positive features" in their cases should also have persuaded the original trial judge a community sentence was the appropriate punishment, said Mr Justice Grigson.

Dolan and Whittaker had admitted criminal damage at Manchester Crown Court in August.

The men were traced after British Transport Police (BTP) tracked website postings of their work.

Dolan used the graffiti name, or tag, of Krek and Whittaker went by the name of Mers.

They were responsible for graffiti on trains, stations and railway property in Gatley, Bury, Buxton, Wigan, Macclesfield, Stockport and Longsight.

Denise Dolan had even offered to pay for the damage caused by her son so that the two friends would not go to prison.

"What they've done is against the law, but the punishment should fit the crime," she said.

Supt Peter Holden, of British Transport Police, said the sentences were "for the court and judge to decide".

"The role of British Transport Police was to successfully investigate the offences and gather the evidence to put before the court," he added.

Story from BBC NEWS:
BBC NEWS | England | Manchester | Graffiti prison terms overturned

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For crying out loud, what does someone have to do to go to jail these days? The Crown Court had it right in my opinion.

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Manus haec inimica tyrannis ense petit placidam sub libertate quietam - "This hand of mine, which is hostile to tyrants, seeks by the sword quiet peace under liberty."

John Carter

Underpay your council tax by a fiver.

Bluemerle

And preferably in your late 80s and frail.

g hall

Throw 3 doubles

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"That government is best which governs least."
"This is a sharp Medicine, but it is a Physician for all diseases and miseries".
"To be "matter of fact" about the world is to blunder into fantasy --and dull fantasy at that, as the real world is strange and wonderful."
TANSTAAFL TANJ