On tagging, again: Cheyene Back’s appeal

It’s been a while since I have been able to write any entries – many apologies. I am trying to finish a book on cinema and have entered what is hopefully the last few months of that process. So I have my head down, working hard on that, and that means there’s a bit less time in the day at present.

But I did want to note what’s happened in Cheyene Back’s appeal against the sentence which was imposed upon her after she was caught tagging the outside wall of a cafe in Sydney, as previously written about in this blog. A magistrate in the Sydney Local Court had sentenced her – in a total rush of blood to the head – to a three month prison term. She appealed against this to the District Court and Judge Greg Hosking reduced her sentence to a twelve-month good behaviour bond with no conviction recorded. He commented that the previous sentence did not take into account the fact that terms of imprisoned are intended to be imposed only as a matter of last resort.

All good, yes? Well….. not quite. Judge Hosking said that it was unusual in the extreme to impose a prison sentence on a young woman with no prior record for the crime of putting graffiti on a wall – “as serious as that matter undoubtedly is”. The key issue for Judge Hosking, then, is the age and prior record of Back, rather than the issue of whether or not imprisonment is an appropriate sentence for writing a tag on a wall (and we are not talking about ‘bombing’ the city of Sydney with hundreds of tags, but rather a single tag written on a wall).

In case anyone might interpret his reduction of Back’s sentence as a wildly pro-graffiti move, Judge Hosking commented: “I’m not condoning what she did for a moment. People in Sydney are sick of graffiti, there’s no doubt about it”.

And Greg Smith, Opposition spokesperson for Justice, leapt into the media fray by adding his two cents’ worth: he thought it would be unfortunate if Judge Hosking’s reduction of the sentence meant that others were not deterred from ‘defacing property’. As The Age reported, when Mr Smith was asked if Back should be behind bars, he said: “Personally, I think she should. I think graffiti is a very serious offence. I understand that the culture hasn’t been to [imprison offenders] and we’ve got to change that culture, otherwise our city is just going to be … an eyesore.”

I know much ink has already been spilled (or many keyboards tapped on) in relation to this case, so I just want to say this. It’s amazing how graffiti can ‘press the buttons’ of – what would you call it? – ‘mainstream culture’ or ‘the dominant order’ or whatever. Clearly, the idea of a girl tagging a wall is irritating or infuriating to such a degree that both a relatively senior judge and a politician can feel able to comment that they would like to see her in prison rather than risk her (or others) tagging the walls of the city.

Two things: first of all, prisons are full. Why add to their overflowing population by sending Cheyene Back or any other graffiti writer there? Second, it is now well-documented that imprisonment can have hugely negative impacts on people’s lives – in fact, in the case of women, it would appear that imprisonment affects the mortality rate of women who have been to prison. So why do these powerful individuals – a judge, a politician – feel so comfortable saying that they would like to put this young woman in prison?  What is it about tagging that drives out both reason and reasonableness?

2 comments so far

  1. SPARCS on

    it is indeed good news for the girl, but also not the “testing” I was hoping for. I had looked forward to good sense prevailing and the Judge to say ” Oh don’t be so silly, away with you little scamp”.

    Graffiti does seem to far too easily ruffle feathers. You know what though, I find it so difficult not to see it as the jowl wobbling rants of old men. Even if the age of the person is not that great, it always comes over as “kids these days”. When someone is directly negatively effected by graffiti, that is separate matter. I myself was lamenting a scribe “postcode” on the front door of my business, but to say graffiti is all bad, evil, destructive, the end of days, Ragnarok, Armageddon all rolled into one just can not come over as an argument with a solid base.

    Indeed, as you have mentioned, it is 8 shades of ludicrous to subject a girl (or anyone) to the violence of prison for an act of visual littering. Perhaps the same treatment for people who don’t mow their lawns. That decreases the pleasant appearance of a street doesn’t it? Is it really worse than drunk driving, any form of violence, or theft????

    So let us see what Melbourne has in store for us. Who will be the first to test our laws???

  2. jill on

    thanks for the update. good news, but not great news. you capture that well.


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