On 14 October 2022, "Just Stop Oil" protesters, Phoebe Plummer (age 23) and Anna Holland (age 22) committed criminal damage at the National Gallery, London. Tomato soup was thrown at a Van Gogh painting - "SUNFLOWERS" - with the result that the patina on the frame (value £8 - 10,000) was damaged. Because of a glass protective cover, the painting itself was not actually damaged but there was a possibility that it might have been.
In July 2024, the two women were convicted after trial and were sentenced on 27 September by His Honour Judge Hehir.
Plummer was sentenced to 27 years imprisonment for criminal damage and to an additional 3 months for "Interfering with key national infrastructure" (Public Order Act 2023 s.7). Plummer also received a 3 years Criminal Behaviour Order. It should be noted that she had previous relevant convictions and was on bail at the time of the criminal damage offence.
Holland was sentenced to 20 months imprisonment for the criminal damage. The Judge was invited by counsel tomsuspend the custodial sentence but he was of the opinion that immediate custody was the only appropriate sentence because the "need for punishment and deterrence entirely outweighs the factors which might point towards suspending the sentence. ..."
The Sentencing Remarks of Judge Hehir are published on the Judiciary website and should be read in full - Rex -v- Plummer and Holland - Courts and Tribunals Judiciary
Key National Infrastructure
In the Public Order Act 2023 s7, the term "key national infrastructure" is defined so that it covers matters such as (a) road transport infrastructure, (b) rail infrastructure, (c) air transport infrastructure, (d) harbour infrastructure, (e) downstream oil infrastructure, (f) downstream gas infrastructure, (g) onshore oil and gas exploration and production infrastructure, (h) onshore electricity generation infrastructure, or (i) newspaper printing infrastructure.
Is a painting - even one as valuable as a Van Gogh - actually "key national infrastructure"?
The 2023 Act gives the Secretary of State a power to make Regulations to - "(a) amend subsection (6) to add a kind of infrastructure or to vary or remove a kind of infrastructure; ..."
My searches of the Legislation website has not revealed any Regulations adding anything to the infrastructure set out in section 7. Obviously, I am open to correction on this point and, if I am, please let me know. The judge's sentencing remarks do not inform us as to how the painting is regarded as key national infrastructure.
Sentencing Review
In other new, it has been said that the Labour government will establish a review of sentencing - Starmer eyes ex-Tory minister David Gauke for… (inkl.com). A formal announcement on that is awaited. Media reports have said that either David Gauke (Secretary of State for Justice 2018 - 2019) or Lord David Blunkett (Home Secretary 2001 - 2004) might be asked to lead the review. My choice, if only the two are under consideration, would be David Gauke. Blunkett was responsible for introducing the flawed scheme of Imprisonment for Public Protection (IPP) which continues to keep many individuals as prisoners long after their tariffs have expired. Blunkett has expressed regrets about this form of sentence - David Blunkett admits controversial prison sentences are biggest regret as ex-convicts speak out - Mirror Online
Links
Trowland & Anor, R. v [2023] EWCA Crim 919 (31 July 2023) (bailii.org)
Sentencing Act 2020 (legislation.gov.uk) - (referred to as the Sentencing Code)
Vincent van Gogh | Sunflowers | NG3863 | National Gallery, London
No comments:
Post a Comment