Graffiti Vandals' prison terms overturned

[Daniel]

http://news.bbc.co.uk/1/hi/england/manchester/7067883.stm

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.

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.

 

[Jord]

So what's the point in them getting sentenced if a stupid petition is set up to get out, and they actaully do get out?

This way nobody will learn and that way many chavs/teenagers will not stop doing it if they think/know they can just get away with it so easily!

 

[Guinness]

What a legendary place they come from. 8)

 

[Mintona]

Right, lets all go grafitti things - we won't even get ASBOs!

T*ssers...

 

[metrocammel]

It is a bloody carte blanche for these prats to go galavanting around causing damage. It is also dangerous and irresponsible, as these individuals were obviously trespassing to enable them access to the trains in question, plus you often see the new style "reflective" speed limit signs rendered completely unreadable, and even colour-light signals daubed by graffiti "artists". This sentence quash sets a terrible example to many wanna-be graffiti "artist" chav pricks out there.

 

[mrcheek]

yet another reason why myspace is infinitely superior to facebook.....

 

[devon_metro]

Why should a petition be able to oveturn the law :?

 

[mrcheek]

Why should a petition be able to oveturn the law :?

actually, the petition almost certainly will have had no bearing on the judges decision. he will have made his decision based largely on the offenders previous good character, and the fact that the law is a ****ing ass these days that rewards criminals rather than honest citizens.

 

[Dennis]

Grigson was one of the appeal court judges in Tony Martin's (the burgler shooter) murder appeal, an appeal which was sucessful and had the added effect of promoting a wider debate on such issues. So not a complete ass.

 

[Max]

Maybe prison sentences weren't completely appropriate, but I think the ASBOs should have stood. Community service isn't really much of a deterrent.

 

[Sir_Clagalot]

Chop their arms off, that'll stop the b*****s doing it again.

 

[Flying Snail]

I wonder if the same ruling would have been applied had it been the judge's car or house that had been covered in art?

The railway companies really need to start taking civil cases against these scum and their parents if they are underage. Clean their bank accounts out and make them sell their houses to pay for the damages and legal bills.

 

[Gizmogle]

Seeing as we don't get graffiti at Buxton, I'm guessing this was most likely them. They deserved the prison sentence. Idiots.

 

[Hentis]

Well lets see what the next out cry is when we get the next lot of Grafitti wankers that get popped by a train. Oh they should have done more to stop people from doing.... Obviously sending them to Jail wont work as they get freed after petitions are set up.

THE LAW IS AN ASS AND WE ARE TOO SOFT ON CRIMINALS!!

Hentis

 

[Daniel]

For the second time recently I saw a 4-Car Class 317 Covered in graffiti - having to be dragged by another set as the cab windows were covered.

 

[mrcheek]

I wonder if the same ruling would have been applied had it been the judge's car or house that had been covered in art?

The railway companies really need to start taking civil cases against these scum and their parents if they are underage. Clean their bank accounts out and make them sell their houses to pay for the damages and legal bills.

not that I want to blame you, as its possible you were being ironic, but please dont use the word "art" to describe this kind of vandalism.

frankly, anyone who ever describes graffiti as "art", and anybody who ever describes that lowlife vandal "banksy" as an "artist" should be put in jail with the vandals themselves. and then released because the law is ****ing pathetic.

 

[Gizmogle]

I believe that it is art.
Not tagging obviously, but some of the graffiti artists really do some amazing stuff.
It's just a shame that stupid kids feel the need to do it on buildings and trains.
If it's all kept legal and used for murals and stuff, then it can look amazing and really brighten places us.

 

[class 313]

I believe that it is art.
Not tagging obviously, but some of the graffiti artists really do some amazing stuff.
It's just a shame that stupid kids feel the need to do it on buildings and trains.
If it's all kept legal and used for murals and stuff, then it can look amazing and really brighten places us.

Not really, gives the impression of the inner city streets where people don't like to go. Murals should be a bright and happy thing, not something that suggests if you go near it, it will be a dark dingy and not a nice pleasant place to be.

In my opinion Graffiti isn't art. Ruins the whole look of things. Seeing many walls covered in it, I can safely say I've built up a general opinion on the matter. It also provokes other such bad behavior such as smashing up the place.

 

[Max]

THE LAW IS AN ASS AND WE ARE TOO SOFT ON CRIMINALS!!

Just think about this though - people don't go to prison for much more serious offences. Maybe it's these people that should be sent down, and not these petty criminals. Yes, I agree, vandalism is terrible, but I'm not sure prison is the right solution. What about a huge fine? Or maybe a punishment such as being forced to clean off all their graffiti with a toothbrush? Sounds silly I know, but it would be bloody hard work, and in my opinion would make them far less likely to reoffend.

 

[Harry Douthwaite]

Bloody idiots. I don't think they did deserve to go to prison but they did deserve a fine or something like that. I'm mostly against graffiti, especially when it's damaging transportation, really they should find something else to do or paint other things without the use of graffiti.

 

[me123]

I don't really like grafitti myself. I think the only reason they legalise it in some places is because it's cheaper than cleaning it up. I believe this happened in Manchester?

 

[sam100]

Iv never understood why people waste money on paint to do rubbish like that. whats the point, what a waste of time and energy.
i fell that if these people want to be recognised (which is why its done) then they should do something productive in society, something which would help local people and get them noticed.
may i also point out that these people risk there own lifes to do such actions. i feel graffiti should be abolished, how can touching somebody elses propery be justified???? art is art, graffiti is vandalism theres a very thin line between the two forms.

 

[Techniquest]

I said it at the time on WNXX that this was absolutely ludicrous. Still is.

So if any one of us went and sprayed paint all over the cars of some random person, we won't go to prison. So long as we avoid curse language we won't get an ASBO. We won't get anything. Right then, time for a totally new RailUK meet concept I think...

On a serious note, their parents most definately should have been issued a hefty fine and the prats themselves made to clean their paint off not just the trains they ruined but ones other people have done too.

 

[The Snap]

Perhaps my view is a little warped and politically incorrect, but I think that the graffiti on trains looks wicked!
Some of them really brighten the trains up and make them look a bit funky IMHO -

Certainly makes that 142 look a bit better...

 

[me123]

Certainly makes that 142 look a bit better...

I seem to be missing this part.

 

[Jord]

I haven't been following this story so sorry i didn't post this sooner, but this is two pics i taken on my ALR trip last summer.

http://jordstrainpics.fotopic.net/p43250250.html
http://jordstrainpics.fotopic.net/p43250249.html

Looks absolute ****, but some like the ones Gizmogle posted, they must have had hours do cover the whole train!

 

[sam100]

Perhaps my view is a little warped and politically incorrect, but I think that the graffiti on trains looks wicked!
Some of them really brighten the trains up and make them look a bit funky IMHO -

Certainly makes that 142 look a bit better...

in your opinion it may, but i feel its rather awful, think of the long term effects,
1- someone has to clean it off, which will only cost the public, and commuters money
2- how can people running around parked trains damaging rail property be justified (for example-its like me running into your garden and painting your house walls)
3- how would you feel if you spent your train journey not being able to see through your window due to them being painted over
4- the main thing is people have been and will continue to be killed or seriously injured due to this activity
and another thing in new york (the cause of this so called craze/fashion) they had razor barbed wire fences, 2 either side with dogs running in the middle of them, they put these fences up around the yards, sheds, tunnels and it allmost certainly stopped vandals.
if we want to see art we'll go to an art gallery.