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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 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. |
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. | |
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. |