Hertfordshire Teenager Convicted of Vandalising Iconic Churchill Statue

A Hertfordshire teenager has been convicted of daubing graffiti on the iconic statue of Sir Winston Churchill in London's Parliament Square.

Benjamin Clark, 18, of Hertford, Herfordshire, admitted one charge of criminal damage when he appeared at Westminster Magistrates' Court on Friday, 9th October 2020.

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. We have previously written a guide to the offence of criminal damage, which some readers may find of interest.

District Judge Tan Ikram, the Deputy Chief Magistrate, heard that the first year undergraduate was attending an Extinction Rebellion protest in the capital when he sprayed yellow paint on the base of the 12 foot tall bronze statue.

Matt Barrowcliffe, prosecuting, told the court: "Police were present as part of dealing with that demonstration. They observed this defendant spray painting the word racist in yellow paint on the concrete base."

The cost of making good the damage was £1,602.03.

Laura O'Brien, mitigating, said the maths and philosophy student had acted impulsively when he sprayed the word "racist" in yellow chalk paint, but denied causing all the damage the statue suffered that day.

"We are not talking about paint that has the ability to cause lasting damage", she said.

"He did not attend the scene with spray paint, he did not attend the scene with the intent to damage the statue.

"This case is not about Winston Churchill and it is not about the motivation of using that word, it is about the damage that was caused.

"This is not a case about offending the history of this country... we are here to deal with a small amount of spray paint on a statue."

Ms O'Brien said that her client had been subjected to threats since he committed the offence, including one calling for him to be hanged.

Addressing Clark, Judge Ikram said: "You were part of an Extinction Rebellion protest, as a result of which you became in possession of some yellow chalk paint which you then sprayed on the base of the statue.

"You have caused great offence, it appears, to a lot of people and I'm told it has provoked a very strong reaction. The reality is that is part of the consequences of your actions.

"Tourists from across the world come here and see the beauty of London, and people like you choose to deface London. In doing so, you caused great expense to people who pay taxes.

"You offended every person who has to pay for the upkeep of these statues."

Clark was fined £200.

He was also ordered to pay £1,200 in compensation, £85 towards prosecution costs and £34 victim surcharge.