Sam sentence

Today in Basildon Crown Court, 4 Just Stop Oil supporters have been imprisoned for up to 3 years, whilst 1 received a suspended sentence. The 5 took action by occupying tunnels under the road leading to Navigator Oil Terminal August 2022.”

As I drove down into Basilson – for the first time in my life – news on Radaio 4 was headed appropriately: Summer 2024 became the earths hottest on record, according to European climate service Copernicus. (Copernicus records go back to 1940, but American, British and Japanese records, which start in the mid-19th century, show the last decade has been the hottest since regular measurements were taken and likely in about 120,000 years).

This is the motivation of this band of brothers who gathered today to hear their sentence: direct non violent action to draw attention to the urgency of climate breakdown. “If the urgent interventions from the UN and civil society organisations are not setting warning lights flashing, what will it take?” Tim Crosland, of Plan B

However, the recent finding of the Appeal court did not bode well for the sentence. The previous ‘consent’ defence was not longer considered viable – too remote and too broad an interpretation. The Consent defence involved a defendant arguing they had an honest belief that the owner of the property damaged would have consented if they had known the reasons why the action had been taken. (Guardian)

It was an extraordinary theatre of a day, yes a full day. “Because of the passage of time there is some appropriate need to refresh”, so the Crown begins, in the formal English of the Court, and for 2 hours he presented the Crown case (his words often lost towards end of sentence, I nodded at one point). The crown sentence case turned on the the ‘serious and aggravating disruption’ caused. (Affecting and disrupting National Infrastructure (A13), police, ambulance, health visitors, lawful businesses, damage to the economy, human beings unable to move about their lawful business, terrified parents, economic cost of 100’s of thousands of ponds). It was well planned, they all ‘were familiar with google’ (an odd term). Their previous outlined. The Crown dismissed the defences case based on ideology.

We broke for lunch. The public gallery was full, I had been lucky to get a place, encouraged by Shona, who along with Sam’s mother and sister – Emma and Lora – I sat with. Others were stalwart supporters, including those appoointed as health workers for each of the accused, an impressive and caring structure. Before the case began we hugged our loved ones, unbelievinig perhaps that this would be the last time for a while, before they entered the court and into their section behind a screen of glass. I am impressed by one, Larch, who seems at home in the court setting comfortably enough to drink a coffee and quip with the clerks before heading behind the glass. Being in a suit when I first saw him I thought he was their defence council!

The various mitigation arguements were familiar. He has not done any thing unlawful since. He has since opeted a more lawful life, turning his energy towards political solutions, citizens assembly, the Green Party. He is looking after his aging father, he is supporting his sister; he is remorseful about the effect of the action among the wider public; the effect of the death of Xavi on all (Xavi committed suicide in between trials); the determement to their mental health. His ultimate goal was an honourable one.

Since the Whole Truth 5 were sentenced (for a zoom planning meeting), and given the longest ever sentences handed out for nonviolent climate action, since the Court of Appeal removed the ‘consent’ defence, the summing up of the Judge was clear and stark from the start:

1. the Oil terminal was the main object, without this terminal there would be no action. This was the clear intention. 2. However there was serious collateral damage, and damage to other communities 3. Guided by the Court of Appeal, this action was of the utmost seriousness, in fact more serious than the previous case. The Court of Appeals sentence was not disproportionate. These peoples culpability was high. “The expressions of remorse are a little thinner than they might have been”

As the judge gave out the sentences, some in the public gallery displayed their shock, the woman next to me left in anger.

Autumn Wharrie: Suspended Sentence
Joe Howlett: 15 Months
Sam Johnson and Christopher Bennett: 18 Months
Larch Maxey: 3 Years.

Larch’s sentence came first, he was the most decorated with previous, which appears to have influenced the judges measurement of time.

To note however, although this tunnelling action was more serious than the previous case dealt with by the Court of Appeal, the sentence was less in time. As Sam’s council commented, therefore it is doubtful that this can be challenged.

We waiting a while outside the Crown Court entrance for the van from Chelmsford nick to arrive and take the 4 to prison. But in the end we left before it arrived, the stalwart protestors remaining keen to display solidarity to the 4 from the outside. Shona and I chewed some fat on the journey back, it was good to talk it through. Fundamentally I understand the judgement. There is (unintended) collateral effect (damage) to all that we do, and our eyes should be as open as they can to these ramifications, and our responsibilities the same. The climate breakdown message got smooth passage across, the collateral the price to pay. Or have I missed a point?

So much waiting around, so much to attend, listen to through a long day, we were exhausted. Shona felt physically sick at one point in the journey back. Today, like when someone dies, this new ‘missing’ is a like a drum beating at the back of my mind as I go about day to day activities and I wonder where and how Sam is waking up.

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Not so much later, on the Archers, George Grundy was sentenced. Although we didn’t hear the trial, we did the sentence, and it shocked. Both the characters and the listening audience, so a debate began about how sentences are calculated – a good further education. His imprisonment in an adult facility exposes the cracks in Britain’s overcrowded penal system, with the harsh realities facing young offenders and the urgent need for reform. As ever, we learn something of the law and how courts operate along the way.