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Graffiti prison terms overturned Graffiti prison terms overturned
(40 minutes later)
Two graffiti artists jailed for spray painting trains and railway bridges have had their sentences 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 damage and were jailed for 15 and 12 months respectively. 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.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.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.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 pair were traced when their work was trackedThe pair were traced when their work was tracked
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.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.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.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.Dolan used the graffiti name, or tag, of Krek and Whittaker went by the name of Mers.
The pair caused about £23,000 of damage
They were responsible for graffiti on trains, stations and railway property in Gatley, Bury, Buxton, Wigan, Macclesfield, Stockport and Longsight.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.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."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.