Robbie Batchelor v. Procurator Fiscal, Dundee [2011] HCJAC 123

Criminal Appeal Against Sentence:- On 28 March 2010 the appellant pled guilty to two charges of writing graffiti on a wall whilst subject to an Anti Social Behaviour Order and the second was a breach of that ASBO by having a can of spray paint with him. The appellant was put on probation for a year, but breached that on two occasions. On 10 August 2011, the appellant pleaded guilty to six further charges of graffiti writing at various locations, including the walls of commercial premises, while subject to the ASBO and whilst on bail. The appellant was also convicted of breaching the ASBO conditions. On 7 September 2011, the sheriff revoked the probation order and imposed a period of 6 months detention in respect of the first complaint and he was sentenced to 8 months detention, which had been reduced from 12 months for the early plea, in respect of the second complaint. The appellant appealed against his sentence on the grounds that, whilst a custodial sentence was inevitable, the total sentence of 14 months was excessive, having regard to the fact that it was the appellant's first custodial sentence. Here the court considered whether the consecutive sentences imposed were excessive.