Essex Man Feels The Decade-Long Arm of the Law

An Essex man has been convicted of damaging a carpet with red paint more than a decade ago.

Lewis Graham, 22, of Kursaal Way, Southend, admitted a single charge of criminal damage when he appeared at the local Magistrates' Court on Friday, 18th October 2019.

Criminal damage is an offence under section 1(1) of the Criminal Damage Act 1971. Criminal damage below £5,000 is a summary offence, with a maximum penalty of 3 months' custody and/or a fine at level 4.

The court heard that fingerprints left by Graham as a 12-year-old connected him to a Westcliff property where £400 worth of paint damage was done to a carpet. The residential property was unoccupied, as it was being renovated at the time.

Presumably Graham recently came to the attention of the police on a different matter, which is why his fingerprints have only just been taken and matched to the decade-old crime scene.

Graham made full and frank admissions when interviewed by the police. He accepted a caution, which was conditional on his attendance on a victim awareness course. It is important to note that a conditional caution can only be offered when an offence has been admitted and the offender agrees to the conditions imposed.

Graham reneged on his agreement to attend the course, which is why the police chose to prosecute him for the original offence. The newspapers, just as you might expect, have omitted to mention that aspect.

Gareth Hunter, prosecuting, said: "This is an unusual case which has been ongoing for some time.

"The victim had come to her home to find that should couldn’t get through the front door.

"She went around to the back doors to find them open, and that paint had been drawn all over the carpet and the name 'Lewis' had been written in the room. When he failed to attend his victim awareness course or pay the costs, the police had no choice but to charge him."

Penny Simons, mitigating, said: "The defendant told police that he did carry out this damage when he was 12, he could just about remember it. He said it was a stupid, idiotic and childish thing to do.

"But he thought the whole thing was stupid and made the decision not to do the course, as this had been left and left for so many years."

Given the staleness of the original offence, Ms Simons asked the Bench to consider a conditional discharge.

Magistrates agreed and conditionally discharged Graham for six months.

A statement by Essex Police said: "A criminal investigation is never closed until the offender has been brought to justice and regardless of the amount of time which has passed, we will always act upon information received to find the person responsible."