National Highways Limited v Adelheid Russenberger & Ors
[2024] EWHC 566 (KB)
Morgan Trowland & Anor v R
31 July 2023
[2023] EWCA Crim 919
Court of Appeal
Two people blocked a busy bridge for a long time to protest. The judge gave them long jail sentences because of the huge disruption they caused, and because they had done similar things before. A higher court agreed with the judge.
Key Facts
- •Morgan Trowland (40) and Marcus Decker (34) scaled the Queen Elizabeth II Bridge on the M25, suspending themselves with a "Just Stop Oil" banner.
- •The bridge was closed for 40 hours, causing significant disruption (564,942 vehicles delayed, ~£917,000 economic impact).
- •Both were repeat offenders on bail at the time.
- •They were convicted of intentionally or recklessly causing a public nuisance under s. 78(1) of the Police, Crime, Sentencing and Courts Act 2022.
- •Trowland received three years' imprisonment, Decker two years and seven months.
- •The protesters argued the sentences were disproportionate to their freedom of expression and assembly under Articles 10 and 11 of the ECHR.
Legal Principles
Sentencing for public nuisance under s. 78(1) of the Police, Crime, Sentencing and Courts Act 2022 considers culpability and harm caused.
Police, Crime, Sentencing and Courts Act 2022, s. 78(1)
Custodial sentences for non-violent protests require caution, balancing freedom of expression (Articles 10 and 11 ECHR) with public safety.
European Convention on Human Rights, Articles 10 & 11; R v Roberts; R v Brown; Kudreivcius v Lithuania
Sentencing considers punishment, deterrence, reform, rehabilitation, and public protection (Sentencing Act 2020).
Sentencing Act 2020, s. 57
Conscientious motives may mitigate sentence, but extreme actions reduce this justification.
R v Jones; R v Roberts; Cuadrilla Bowland Ltd v Persons Unknown
Outcomes
Appeals dismissed.
Sentences were not manifestly excessive or disproportionate, considering the scale of disruption, the protesters' prior convictions and bail status, and the need for deterrence.