Criminal Damage of Statues – Sentencing Implications
On Sunday 7 June protesters in Bristol tore down the statue of Edward Colston. It was swiftly deposited it in the local harbour. What many will see as being wholly justifiable, some will see as criminal damage.
The statute had been in situ for 125 years and had previously attracted a petition of over 10,000 names calling for its removal. This is due to Colston’s close connection to the slave trade.
The Home Secretary made this comment:
‘Sheer vandalism and disorder is completely unacceptable and its right the police follow up on that and make sure justice is undertaken.’
In contrast, the Mayor of Bristol commented:
‘I think that there’s a really incredible opportunity to talk about ourselves and to make a decision about what we think should go on a plinth in the city to tell us about who we are, not just who we are but who we want to be and to really use that as a place to celebrate something about ourselves, the best of ourselves. What I would look forward to is having that city discussion. In the meantime it’s highly likely that the Colston statue will end up in one of our museums.’
Was any offence committed?
The statue appears to be in the ownership/control of the City of Bristol. On that assumption, the Criminal Damage Act 1971 applies. It is difficult to envisage any sensible defence to the charge (see Kelleher [2003] EWCA Crim 3525).
The value of the statue will significantly exceed £5,000. As a result, the offence is one that carries a maximum prison sentence of up to 10 years. In addition, anyone convicted could face a hefty compensation claim to put right any damage.
Whilst many people will wonder why the statue remained in place given Colston’s tarnished reputation, it is likely that the courts will nonetheless take a dim view of the protesters actions, and possibly seek to discourage further like activity, mainly as there are probably many hundreds, if not thousands, of similar statues in our public places.
Deterrence
Deterrence may play an essential part in any sentencing exercise.
In 2003 Paul Kelleher was convicted after damaging a statue of former Prime Minister Margaret Thatcher. The court recording the following facts:
‘…on 3 July 2002 he visited the Guildhall Gallery, which houses the Corporation of London art collection, armed with a cricket bat and with the Intention of knocking the head off a statue of Lady Thatcher, that statue being on temporary loan from the House of Commons. The cricket bat proving ineffectual, Mr Kelleher took hold of a metal stanchion, which supported the cordon round the statue, and with that was able to achieve his purpose. We understand that the statue was damaged beyond repair and will cost £150,000 to replace.’
Kelleher received a sentence of imprisonment of 3 months. That was never the subject of any appeal (unlike the conviction), so we do not know what the Court of Appeal thought of the sentence. Many commentators at the time believed the sentence to be somewhat lenient.
Sentencing Guidelines for Criminal Damage
In terms of current sentencing guidelines, we can see that there is a high degree of culpability (High degree of planning or premeditation and Intention to cause very serious damage to property), and the offence possibly falls into the higher harm category (Serious consequential economic or social impact of offence).
Assuming some successful argument on the latter point, we get to a starting point of around six months. This is higher in length that Kelleher, but not substantially so.
Anyone convicted of this offence is at risk of a custodial sentence, with no certainty that it would be suspended.
How can we help?
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
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Criminal appeals and delayed justice, over 40 years on
Ordinarily, criminal appeals must be lodged within a relatively short period following trial. Late requests often stand little prospect of success.
This extraordinary case illustrates exceptions to that rule, particularly where modern forensic techniques lead to the clear conclusion that the convicted person is innocent.
Janet Commins
Janet Commins was born on 9 June 1960. One evening in January 1976, she left her home in Flint to meet friends at the local swimming baths. She left a note for her parents to say that she would be back at around 8.30 pm. She saw her friends at the baths and was sighted close to her home in the company of two teenage boys at about 8.10. Some time between 8.15 and 8.45 she called to see a friend who lived a few doors away from her. She was told they were not in. After 9.00 pm, when the baths were closed, Janet’s parents became increasingly concerned and at 11.00 pm they reported her missing. On the following morning children playing on rough ground adjacent to Gwyneth Primary School found Janet’s body concealed in bushes.
Noel Jones
Noel Jones had just turned 17 and was interviewed by the police. Following an admission that he made to his girlfriend, he was charged with murder.
The admissions Jones made were denied during the investigation process, and he did not have the legal protections that are now available to suspects.
Jones pleaded not guilty to murder. However, on the third day of his trial, he changed his plea to one of guilty of manslaughter. That plea was acceptable to the court, and he was sentenced to 12 years imprisonment. Regrettably, however, that was not an accurate indication of guilt.
As there was a possibility of a second offender, the enquiry was left open. In 2017 a second man was convicted of sexual assault and the manslaughter of Janet.
Stephen Hough
The forensic evidence, not available when Noel Jones was charged, disclosed that Jones was not guilty of any crime. There had been a lone attacker, and that person was not Noel Jones. It was a man named Stephen Hough. Hough was linked to the offence when his DNA was taken in connection with an unrelated offence. He was convicted of manslaughter in 2017, and jailed for 12 years.
Court of Appeal
In January 2019 the Court of Appeal quashed Jones’ conviction commenting:
‘… the appellant can leave court wholly exonerated of involvement in this terrible crime.’
‘Our system of criminal justice is, of course, human and errors can be made however strenuous the efforts to ensure that evidence is properly and appropriately collected and placed before the court.
The pressures of being interviewed by the police are clearly real and the protections introduced by the Police and Criminal Evidence Act 1984 have done much to address, to such extent as it is possible, the pressures on those arrested and being interviewed.
In this case, however, it is clear that a serious injustice was done for an innocent man felt constrained to admit a grave criminal offence, not sharing the true position with his own legal team.
Many years have passed since he was released from prison but we hope that the quashing of his conviction and the contents of this judgment start to address the injustice that was done to him.’
How we can assist
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
Read More