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September 28, 2024 - 1:00pm
Another month, another court case involving protesters, and another round of debate about how exactly the state should punish political disorder. Phoebe Plummer and Anna Holland, from Just Stop Oil, have been given sentences of two years and 20 months respectively for an attack on Vincent Van Gogh’s Sunflowers.
We ought not perhaps lose too much sleep over this outcome. As judge Christopher Hehir noted, the women — who are entirely unrepentant — came close to permanently damaging an immensely important work of art. More broadly, attacks on art galleries are attacks on the bedrock of civilised life. JSO’s determination to continue with philistine vandalism was made clear yesterday afternoon, when more paintings were attacked.
All the same, in the coming days, it is almost certain that we will hear arguments to the effect that it is unfair for Plummer and Holland to face custodial sentences when criminals convicted of worse and more damaging crimes routinely avoid prison, or are treated leniently. Only last week, Huw Edwards was given a suspended sentence for possession of child pornography, after claiming in mitigation that not getting into Oxford more than four decades ago had been psychologically damaging.
This does not seem to be especially uncommon for those convicted of similar offences. Meanwhile, according to data from the Sentencing Council, the average custodial sentence for domestic burglary is 28 months — which in practice might mean barely a year, under current guidelines — and nearly a quarter of all domestic burglary convictions result in no prison time at all.
However, it’s vital to think clearly about where the injustice actually lies. The problem is not that we are too strict with Just Stop Oil. It would be highly counter-productive to treat them with kid gloves or let them off with a stern talking-to from the Bench. Climate extremism involving serious criminal damage and disruption clearly needs to be met with firm action.
Rather, we are not nearly strict enough with other categories of crime. Time and again, when the perpetrator of some horrible crime is brought to trial, it emerges that they have numerous previous convictions, for which they have served minimal prison time. Very often the offence in question has been committed after an early release — this is especially true of violent crimes against women, from sexual assault to murder.
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SubscribeLock these entitled twerps up and throw away the key.
An issue that divides us into two groups. Which path you choose depends on your view of human nature. The last few decades has seen the judicial system treat people as all basically nice moral beings. Has it worked? Reverse ferret or double down?
We are woeful at rehabilitation and preventing re-offending. Whether that’s because the initial sentence too lenient isn’t entirely clear, but certainly for those who get a custodial the re-offending rate in the UK is high when compared with similar countries and v little rehab is done to try and avoid re-offending. As we know from the lack of prison places investment in the Prison and Probation system struggles to garner support when folks have to actually pay for it.
That said the US locks up more and for longer yet it’s serious violent crime rate 5+ times greater than the UK. Go figure.
Performative vandalism, like art/beauty, could easily be seen as being in the eye of the beholder. Make no mistake, i agree with Niall Gooch that it’s not that sentencing for these offenders is too strict but that comparative sentencing is too lenient.
The point i’d like to make is that it’s a short step from such acts and the kind of performative interventions that’ve been written about recently, such as:
div > p:nth-of-type(3) > a”>Led By Donkeys have no shame – UnHerd
which have subsequently been taken up by the art establishment and granted gallery space themselves.
If there’s a line to be drawn between the acts of JSO and Led By Donkeys i’d suggest it’s a pretty fine one.
As part of their punishment, I would make them study an artistic skill until they are competent at it. Learning the effort that goes into art should make them think twice about mindlessly attacking great creations. In the long term, it’s not actually a punishment. As I know from my pottery classes, there’s a lot of pleasure to be found in making a wonky mug.
I partly agree, but would actually rather see people who want to create something given that opportunity.
I’d rather see them cleaning up vandalism for the remainder of their days. It might be a bit excessive, but if they trashed any of my paintings – irrespective of being of slightly less cultural importance as van Gogh – it’s probably what I’d demand.
Ultimately it isn’t about the value, which is important, or even the cultural significance or that people appreciate the art. It is the destruction of someone’s time, passion, endeavour and imagination – things that cannot be replaced.
The sentence was far too lenient. JSO is a xenocidal terrorist group. Pol Pot and the Khmer Rouge but aiming to kill worldwide, not merely one nation. JSO and its backers and conspirators shoukd have been on trial as well. Not merely the moronic foot soldiers.
As I’m still yet to understand the link between art and climate change* (if anyone in the comments can explain it to me, I’ll be forever grateful), this just looks like an act of vandalism with a spurious justification.
Unless excessive use of oil paints is in fact a more a substantial problem than the internal combustion engine, we could use acrylic instead, although they are probably also manufactured from petroleum distillation. Bloody art, ruining the environment.
* If the answer is raising awareness, I’d be even more eager to meet those people in the UK who are not aware of the subject and keen to understand the lifestyle they have led to avoid it all these years.