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| Version 3 | Version 4 |
|---|---|
| Graffiti prison terms overturned | Graffiti prison terms overturned |
| (about 1 hour 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 of damage. | |
| Their sentences of 15 and 12 months respectively prompted protests by their parents and a petition on Facebook. The pair have served just over two months. | |
| 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. |
| The pair were traced when their work was tracked | The pair were traced when their work was tracked |
| They said the Asbos were "inappropriate" because the graffiti was not threatening or offensive. | 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 | 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. |
| Lucie Russell, director of SmartJustice, which campaigns for alternatives to custodial sentences, said: "Sending these two young men to prison was far too harsh, very expensive and highly ineffective. | |
| "Why weren't they given a punishment that involved paying back to the community by cleaning up graffiti or other useful work, instead of the time they spent sitting around in a prison cell doing nothing? | "Why weren't they given a punishment that involved paying back to the community by cleaning up graffiti or other useful work, instead of the time they spent sitting around in a prison cell doing nothing? |
| "One of them missed the beginning of his university education, instead he was enrolled into the university of crime." | "One of them missed the beginning of his university education, instead he was enrolled into the university of crime." |
| Supt Peter Holden, of British Transport Police, said the sentences were "for the court and judge to decide". | 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. | "The role of British Transport Police was to successfully investigate the offences and gather the evidence to put before the court," he added. |