Dirty protest in Doncaster – Conviction appeal fails

Dirty protest in Doncaster – Conviction appeal fails

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Dirty protest

We became aware of a story about a man from Doncaster who staged a dirty protest at a police cell. The Star reported  that Allen Vincent appeared in court for a two-day hearing in front of a judge and two magistrates.

Putting the scraps of information together, we can safely assume that Allen Vincent appealed against his conviction (in the Magistrates’ Court) for criminal damage. 

Vincent suffers from autism, Aspergers syndrome and bilateral permanent hearing loss. He appeared at the court wearing a ‘not guilty’ label stuck to his forehead. 

The facts

Vincent was arrested in February for breaching bail conditions and was detained at Doncaster police station. A nurse attended to assess his fitness to be detained by the police but he refused to co-operate. The next morning, it was reported that he was found naked and had covered himself with excrement and written on the walls (presumably with excrement). 

He swore and threw excrement at a duty officer and urinated on a cell door. He also refused to clean himself up. The Star reported that he did not accept that he had damaged the cell and had been unlawfully arrested several times. 

The offence

Criminal damage is an offence under the Criminal Damage Act 1971. Section 1(1) states:

A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

The fact that the cell would not have been permanently damaged does not preclude a conviction for criminal damage (Roe v Kingerlee [1986] CLR 735 – smearing ‘mud’ on the wall of a police cell that had to be cleaned off was criminal damage).

The appeal

We can assume then that upon pleading not guilty in the Magistrates’ Court, he was convicted after a trial and appealed his conviction. 

That appeal is to the Crown Court in front of a circuit judge (a crown court judge) and two magistrates (from the magistrates’ court – but not the same magistrates as presided over the trial). There are more details available here about appeals from the Magistrates’ Court to the Crown Court. 

Because Vincent has difficulties communicating, he was permitted to submit in writing his complaints. We understand those complaints relate to what Vincent considers to be his unlawful treatment. 

The Judge said he had sympathy with Vincent but that Vincent knew what he was doing.

The result

The appeal appears to have been successful in part. Unfortunately for Mr Vincent, the successful part did not relate to the conviction. 

The conviction appeal was rejected, presumably on the basis that Vincent’s assertion that he did not ‘damage’ the cell was rejected. 

The order for costs (£405) and a compensation order (an unspecified amount) were quashed. 

The community order (12 months in length) remained. It is unclear the requirements which were attached.

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Lyndon is the General Editor of Current Sentencing Practice and the Criminal Appeal Reports (Sentencing)

25 COMMENTS

  1. It’s late and I am using a Mac keyboard. But your first sentence . . . well, it’s like “My Lord, with the greatest respect” – one of those things we have to say which mean the exact opposite of what they appear to mean!

  2. If justice has not only to be done, but also has to be seen to be done, then (I ask myself) has the necessary *perception” of justice having been done to be merely objective (i.e. as the judge perceived it? For surely every one of Her Majesty’s subject has had it drilled into him since school days, that her Majesty’s judges are *just*, and therefore *objective*.) Or must the perception of justice having been done be subjective (so that even the convict *knows* what he has done wrong, and how it was wrong)?

    A man with Asperger’s Syndrome, found himself locked up. From this report we know not why the police locked the man up to begin with, save that he wasn’t subsequently convicted of any offence that might have justified locking the poor bastard up in the first place.

    Scared, whilst locked up, for God knows how long, and for an indeterminate duration of police-imposed non-judicial punishment, for an unknown crime of which the court did not convict him, he used his only available weapons, his bowels and his bladder, to register his protest. I might have done the same. There, but for the grace of God, go I.

    How else, but “dirty”, would the British criminal justice system realistically prefer its autistic victims to protest *dirty* policing that doesn’t result in anybody at all being convicted of any crime, except having a shit, and using the faeces imaginatively, in protest against having been locked up in the first place, whilst innocent of any crime of which he was subsequently convicted?

    • JOHN ALLMAN thank you so much for understanding and “getting it” plus asking the right questions, you give Mum and I hope. Only seen this article today 13.10.2013 I am Allen Vincent in the above photo that was taken at corrupt Sheffield Crown Court on 19th September 2013. My brave 76yo dying Mum Beryl is next to me in her scooter.
      Mum and I are fighting EXTREME vulnerable adult abuse, disability discrimination, corruption and victimisation. Extreme violations of Equality Act 2010, PSED Public Sector Equality Duty, Human Rights Act 1998, European Convention of Human Rights, EC Disability Rights. Police in CANTERBURY, Kent and DONCASTER, South Yorkshire do EXTREME violations of PACE. Solicitors do extreme violations of Solicitors Code of Conduct. Social Services breach their own codes as does Doncaster Council, Autism Teams, Learning Disability Teams, RDASH and extreme cover ups via bad St Catherine’s in Doncaster.
      The system are trying to cover up the HELP sign at my Mum’s house in evil Aylesham since last year 26.5.2012 as Mum took me back to Aylesham to escape vulnerable adult abuse by Doncaster Council, NHS, RDASH and even all the bad charities i.e. CAB, MIND, RETHINK, SYCIL, Doncaster Advocacy, AutismPlus, Cloverleaf, Doncaster Dial etc but the victimisation continued in Kent by the same type of organisations & the vast majority broke the law on my deaf recorded system that records verbatim telephone conversations. I was first unlawfully arrested on 11th May 2012 from Mum’s house (kidnapped rather) after I posted video on youtube of bad police 15 hours in cell, no solicitor, no appropriate adult, very little food and water, stopped brining me my asthma inhaler and on release Barrall refused to give receipt for my Dell laptop and Nokia N8 phone (as of today 13.10.2013 the corrupt putrid still have said items), arrested again on 30th May 2012 had bsl lady then and even she said something very wrong, arrested again on 9th July 2012 then kept me in cell for six hours waiting for appropriate adult which Police are not allowed to do and they lie and say not allowed to book appropriate adult in advance! Solicitor of 9th July 2012 was forced upon me and I was refused to make a statement) Police complaint of 22nd July 2012 covered up by Canterbury Police, IPCC, Kent and Doncaster Professional Standards, coming to the big one’s now 14th September 2012 to 17th September 2012 so three days in cell far worse than previous times and dirty warden admit on Friday 14th they had no intention of taking me to Canterbury magistrates the next morning Saturday of which I already logically knew this and knew Police were abusing authority so this is when I started writting on the cell walls, legal wordings to make it clear I know what’s happening to my Mum and I is massive scandal and if the full truth came out many Police, Social Services, even magistrate’s District Judges would lose their jobs so would face criminal misconduct charges and much more. Then again arrested on New Years Eve 2012 dirty police broke TWO of my Mum’s Beryl’s back doors, Police lie about so much and change timelines, so in Canterbury Cell again for another three days till 2nd January 2013 Police learnt how to antagonise, provoke my aspergers and just torment me so this time I strip naked, excrement over myself and write legal wordings on cell wall. Corrupt district Judge came to cell, covered up my mistreatment and force Mum and I back to my Edlington house by midnight of 2nd January 2013 despite Mum being 76, high risk of heart attack, diabetic, kidney failure et and despite the fact I just spent 3 days exhausted in cell! By the way over twenty times Canterbury Police go to Mum’s Aylesham house to goad us. When back in Doncaster, police come banging away 18 times in two weeks so it’s extreme persecution and victimisation. Then unlawfully arrested at my Edlington house on 28th February 2013 Police cow who’s on my video’s of last year took great delight kicking in one of my front doors despite other door being open! Kept in Doncaster Cell till 2nd March 2013 as Police lie to magistrate’s that I refused to see a solicitor, this is not true and I know Canterbury Police told Doncaster Police how to goad me or get me to react because on one of the Police forms I originally had to sign at Doncaster dirty police station everyday, there was a note from Kent Police telling Doncaster Police how to breach my house which usually means eyeballing me, being aggressive with me, banging away on windows and doors for up to twenty minutes so that I snap! Wardens torment me and the nurses linked to bad corruption of RDASH and St Catherine’s as some of my medical data has been deleted and manipulate so that they avoid criminal wilful neglect charges. So was carried naked straight to police van and taken to Doncaster Marshgate on 2nd March 2013 (my first time) but under FALSE dob of 24.5.1972 as Police and Judiciary lying about my dob etc to help cover up what they’re unlawfully doing to Mum and I. Horrific experience of 7th March 2013 of video link with corrupt Doncaster Magistrate’s I state they breach all laws going and they shut link and said I am being abusive….. so be warned people even trying to enforce your basic rights means you’re being abusive these days! Finally released on tag on 11th March 2013 but still no suppport and Mum’s care was unlawfully stopped last year. Hundreds of smaller incidents and I cannot deny I loathe, hate and despise the dirty Police and Judiciary with every atom of my being now. Arrested unlawfully at Edlington house again on 9th July 2013 they even took Mum’s phone and property i.e. laptop and phone and all my computers and phone’s (nothing to hide) they just want to cut off my communication, they didn’t take my usb sticks or dvd’s etc but the laptop I am typing on now I hid from them. So again people you need to be really worried about out of control and corrupt Police, they really are out of control and so much gets covered up. Next at Doncaster Magistrate’s on 16th October 2013 with their g4s thugs especially head of security but as my current solicitor had admitted he’s ignorant and cynical he may as well be corrupt as we’re just going through the motions of legitamising Police and Judicial Corruption, discrimination and victimisation.
      As well as being deaf with aspergers I have severe clinical depression, speech defects, ADHD, only learnt in 2010 my face does not correctly display emotions so I “look” fine when I’m not, Police abuse this and I am supposed to have a support worker personal assistant which is being unlawfully and intentionally denied to me. I used to have photobucket and youtube accounts but both were unlawfully taken down. I strongly recommend the book Police Corruption Deviance, accountability and reform in Policing by Maurice Punch because it’s as if I composed it! I am also first vulnerable disabled adult to dare sue the SRA Solicitors Regulation Authority under the Equality Act 2010 via Bad Sheffield County Court case 1SE06800 Sheffield Employment Tribunal ignorned my disabilities to. I have been blocked by ten actions against the Police solicitors and over 50 yes fifty solicitor firms which I believe is unlawful denial of services, i.e. being blacklisted and victimised by the SRA, Legal Ombudsman and the Law Society as one firm via the bar council just sent me an email Mr Vincent we are no longer able to assist you, no explanation or reason and all further telephones calls and emails totally ignored. I also suffer from EXTREME direct discrimination arising from disability.

      • Hi Vincent

        Glad you are here to put your side of the story. However, you have tried to cover too much in your first post. And please find a different way to protest, if you need to protest again. Please don’t do anything like that again. It will make people reluctant to shake hands with you.

        Lyndon wrote: “Vincent was arrested in February for breaching bail conditions.”

        There’s obviously quite a saga behind the immediate facts, but is that one basic fact as Lyndon stated it to be? Were you arrested for breaching bail conditions? (Or at least, was that the police’s cover story?) Bailed by whom, for what, when, and until when, and on what conditions? How were bail conditions allegedly broken? Was it true that you broke the bail conditions?

        These are questions to which others here will likely want to know the answers. If you want to tell me your entire life story, I suggest using email.

        John

        PS By the way, do you happen to know anybody who lives in Weston-Super-Mare?

  3. Come on, John. That people are sometimes banged up pending appearing in court in the police cells is unavoidable, and it’s not acceptable to behave as this chap did no matter what your personal circumstances. Some poor sod had to clean up after him.

    • I don’t condone what he did. But he wouldn’t have had the temptation or the opportunity to do it if he hadn’t been deprived of his liberty, apparently unnecessarily. The police shouldn’t arrest people at all, let alone lock them up for hours on end, unless they have a reason to do so. The purpose of police cells isn’t to detain safe people for hours on end, who aren’t going to flee from justice, whenever the police wish to interview them, but haven’t got time to interview them yet.

      Police cells are not a place to hold suspects in a queue, whilst awaiting their turns to be interviewed in a busy police station. The police should contact the suspects, and make appointments with them to interview them under caution on a future date, at a specified time. The police sometimes do that. It works. But often they deliberately *punish* members of the public extra-judicially, giving them a taste of what it is like to lose one’s liberty, for the sheer devilment of the power trip.

      If (as frequently happens), a man is arrested, and then charged with nothing at all, or nothing other than resisting arrest, the question has to be asked whether the arrest was lawful.

    • ANDREW I despise your ignorance. I assure you both my 76yo Mum Beryl and I have suffered far worse than whomever ended up cleaning the cell in their protective clothing, clearning the neatly written writing on the cell walls! In fact they should WHILSTLEBLOW that something very wrong is happening at the Police cells of Canterbury and Doncaster! In fact if the person or persons cleaning the cell had any sense of humanity they would wonder what on Earth happened to this person. I notice your pedantic trait and no of course my Mum was not in the cell with me but every time she had her back doors kicked in or my front doors kicked in (by the dirty corrupt torturing sick vagina Police of Canterbury and Doncaster, South Yorkshire) or have Police at both Aylesham Canterbury, or Edlington, Doncaster banging away on windows and doors for up to TWENTY MINUTES! If England’s armed revolution started tmw I would join and fight against the Police and Judiciary in a nanosecond! Only an armed revolution akin to Syria will eradicate Police, Juducial, Government, Charity, Public Authority corruption, torture, discrimination and murder. There are in fact different more humane statutory and legal guidance for vulnerable disabled detainees and prisoners. I learnt at Sheffield Court on 18.9.2013 that one of the reasons Doncaster Police unlawfully ignored my disabilities is because their system is linked to badness at corrupt St Catherine’s of which I have had horrific times with over the years, the clear insinuation is that my medical data has been deleted and/or manipulated! It’s extreme vulnerable adult abuse and victmisation. I had drinking water turned off, the toilet/loo was turned off, I was underfed, goaded, antagonise by the Police, wardens and medical staff of both Canterbury Police and Doncaster, South Yorkshire Police. Even the bad Courts of Dover, CANTERBURY, FOLKESTONE, MARGATE, Sheffield and DONCASTER refuse unlawfully under Equality Act 2010 and PSED Public Sector Equality Duty, EC Disability rights refuse to make full reasonable adjustments to allow me to communicate in the way I am typing here so that also means Article 6 of the Human Rights Act 1998 is being breached as well as Article 13 Discrimination. I also am not having European Convention of Human Rights Article 13 which is the right to fair remedy. When people have ALL their rights taken away from them, THAT is the time to fight. A LOT has happened to Mum and I to silence us and only hatred drives me forward.

      • So the people who had to clean up after your filthy behaviour had protective clothing.

        So what?

        Have you thought about the people in the neighbouring cells to which the stench must have extended? Whatever they had or had not done they did not deserve that.

        I see a lot of people like you in my work. You are a typical member of the green ink brigade; everyone’s in a conspiracy against you; everyone’s out of step except you (and it appears your mother); if a solicitor gives you good advice but it’s not what you want to hear he is in the conspiracy too. Wholly unpersuasive in a world where most of us have some good sense and good judgment.

  4. We know nothing of the circumstances of the original arrest and it may have been entirely justified. Not everyone is so cooperative as to turn up to be interviewed under caution at a future date and to many the delay would be the ideal opportunity to “persuade” the complainant to drop the charge.

  5. 1. For the above specially, there was no trial. My cowardly solicitor admits there is no real record or documents of my trial & there won’t be because the trial never happened but apparantly I pleaded Guilty. I always plead NOT GUILTY hence NOT GUILTY on my forehead!! But on this non existent trail only record is of me pleading Guilty when I was not there, there is other time when bad famous Judge J Bennett went ahead with another trail WITHOUT me having a solicitor or any proper reasonable adjustments made for me and Mum was forced to stay at back of court so she could not hear what was happening. I was NEVER given chance to explain what was happening to Mum and I !!! & he’s twice banned me from using my twitter AllenVincent489 but now it’s to silence my video’s proving so much in Mum’s and mine favour but EVERYTHING taken of Mum and I unlawfully on 17th July 2013 this year by Doncaster Police bar one laptop I hid from them. Bad Doncaster Police came to my Edlington house AGAIN on 26th September 2013 only last Month, one day after my Mum Beryl have 3 day break (it was clearly planned by them) so 8am banging away till 8.20am, one even on ladder or standing on colleagues shoulders is peering though my upstairs bedroom window! plus they harrass my neighbour! So Mum had to get her friend to drive her back to my house from Lincoln asap!
    2. It was NOT a dirty protest!! The mistreatment was so bad that I was in fear of being a “death in custody” quite frankly murdered by the Police of both Canterbury & Doncaster, so the legal wordings I write on cell walls with my excrement include names of bad Police, my true date of birth, my name, webpage, sometimes my Mum’s telephone number and I beg other people to phone my Mum, plus things like Police and Judiciary corruption, one line read EXTREME Canterbury & Doncaster corruption, torture, criminal misconduct etc etc.
    3. One corrrupt Judge who covered up my torture at Canterbury Police station also sits at Folkestone and Margate Courts so they make Mum and I jump to all these different courts to overwhelm and punish us! One clerk from Folkestone on 16.1.2013 literally HID my court listing!! Fourth A4 page that should be on public display (strangely 4th page only had my name on it!) I caught him with it in clerk/usher room and I demand to know why it’s not on display, he said he’s allowed to not display it, this defeats all purpose of open justice accountability and transparency!!!! He was bald clerk that also works at Canterbury courts! What was different about 16.1.2013? Mum and I had to travel down from Doncaster in horrific weather, we nearly crashed there and back! Plus I had emailed as many reporters as possible and BEGGED them to attend Folkestone on 16.1.2013 to force court to obey law !! Then on 28.1.2013 we had to go down again to Folkestone but NO SURPISE it was closed for staff training! I KNOW they did this on purpose, this corruption on this day is linked to Dover Court manager and corruption from Rocco of Palmers Criminal Defence in Deal!.
    I will stop now as I could type forever, hundreds of incidents but I ask you to please understand autistic as we tell the truth no matter what! Our truth has integrity, honesty and honour. I’ve spent hundreds of hours doing my own research and I try hard to back myself up with actual facts and previous cases so that I am not so easily fobbed off but it makes people indigant with me and cut me off as I am to effective but only in writing, not verbal communication. Everything that is happening IS linked though in a very corrupted way.
    ***strange if I do direct link to my video’s it says I’ve “no video’s” but I’ve 47 video’s there…. so please ignore how extreme my videos become near the end and work your way down the bottom page of video’s and work upwards please http://telly.com/AllenVincent489
    I apologise for long post but I am doing more than my best.

  6. http://telly.com/D98IT This IS a distressing video but it proves that I understand PACE that bad Police are not allowed to do forced entry under PACE unless I have previous convictiction for violence of which I don’t, or if I was being violent or danger to myself or other’s (i’m not but I would join England’s armed revolution if it happened tmw), or if it was a drugs raid (I don’t do drugs) or if there was a specific “forced entry” warrent by a Magistrate or Judge (never happened) so it proves that on all other occasions I was unlawfully arrested and badly treated. This IS Police malicious persecution & so much more! If you don’t like this video it is direct discrimination and direct discrimination arising from disablity under the brilliant Equality Act 2010. When I was in Prison unlawfully I was refused a minicom to communicate with the outside world and my Mum. Equalities officer refused to see me, IMB refused to see me! It’s extreme violation of ALL laws, even basic fundemental one’s! I am only alive due to my Mum and learning to use hate to survive. AllenVincent489

  7. The way you are being treated is appalling, but sadly the way the state treats vulnerable people it wants to get out of the way. There are too many uncomfortable parallels with the “Abuse of Grandma B”. It is good that you are a strong person determined to fight back. We only hope you get justice one day.

  8. About the dirty (but admittedly “vulnerable”) suspected criminal, who was convicted of criminally abusing his own shit, whilst encaged and penless, to write graffiti, but who was not convicted of anything other than thus shitting and writing: Allen Vincent has sent me a photo of his learned treatise on English law, and his testimony of abuse, which he escribed, copperplate, onto his police cell walls, in novel “brown ink”, all he had to write with at the time. It’s a great photo, which (less than patriotically) I hope will “go viral” one day. For somebody with an autistic spectrum disability to use his own human turds like marker pens, on a white police cell wall as though it were a whiteboard, so neatly, is impressive indeed.

    The said aggrieved is one of the hardest to help I have come across. That is to say that for me to help Allen Vincent in his various tangles with the law, would require me to have more talent, more legal qualifications, more stamina, more divine guidance, and more money than I have.

    Allen needs a pro bono qualified lawyer, AND somebody like me, with the patience to translate his complaints into legalese, preferably working for at least minimum wage, paid to a charity of my choice. That’s not where the money is though, for qualified, professional lawyers.

    • Typically, nobody will help people in Allen’s position, because successful people (like most lawyers) have easier ways of making more money than there is to be made helping people like Allen. They cannot bring themselves to believe what it’s like to be a pleb picked on by bullies in the police, or even that such things really happen to anybody, because such things never happen to them.

      Busy, successful professionals tend to ask for a summary of the problem. When the summary doesn’t make sense, they ask for full details. When they receive back the details, sixty or more pages of complaints say, that raises in their minds questions that would likely elicit several hundreds more pages if they asked the questions. They realise that they are too busy to help properly, and not allowed to dabble in helping a little bit.

      Others at the bottom of the social pile often *cannot* help, even though they are more likely to see the need for somebody to help.

  9. Here’s a thought. Why not have the police officers who unlawfully incarcerated Allen lick up the mess? May then they might possibly grasp they had done something wrong. And while they do it, maybe the rest of the police officers in the nick should be made in watch in the hope they grasp the fact that locking up vulnerable people for their perverted pleasure is not a nice thing to do.

    Would that not be justice?

  10. Nobody can help this man until he grasps that not agreeing with every word he says. Is not evidence, let alone proof , of dishonesty or corruption or conspiracy. !

    • There are correct and lawful procedures for dealing with vulnerable people. None of these have been adhered to in this case. This is abuse. Anybody that tries to evade that issue is abetting the abusers!

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