Fly tipper gets his sentence reduced after winning appeal
A Lincolnshire man who was convicted of fly-tipping after leaving property outside his ex-wife's home has had his sentence reduced after winning an appeal.
Michael Hutchinson, 72, left bedding, furniture and other items with the message “Some things you didn’t steal” near the home of his former partner in June 2014.
Mr Hutchinson pleaded guilty to two counts of fly-tipping on June 14 and 21, 2014, and was ordered to pay more than £2,300 after appearing at Lincoln Magistrates’ Court in January following a prosecution by North Kesteven District Council. But the amount Mr Hutchinson will have to pay was reduced to just under £1,300 after he represented himself during an appeal hearing at Lincoln Crown Court.
In reducing the figure Recorder Stuart Sprawson said it was now accepted from photographs of the fly-tipping that some of the items were left on the “curtilage” of Mrs Hutchinson’s home in Jubilee Close, Martin, near Lincoln, rather than directly on her property.
The Recorder, sitting with two magistrates, also said it was “unacceptable” for the costs of removing the property and bringing the case not to have been broken down for examination by Mr Hutchinson. He also said Mrs Hutchinson had failed to provide an estimate for the value of the property.
Magistrates had fined Mr Hutchinson £625, with costs of £1,229.88, a victim surcharge of £63 and compensation to Mrs Hutchinson of £400, totalling £2,317.88.
But the figures were reduced to a £225 fine, with costs of £850, a victim surcharge of £22.50 and compensation to Mrs Hutchinson of £200, totalling £1,297.50.
Recorder Sprawson told Mr Hutchinson: “The figures have been reduced from that imposed. To that extent your appeal has been successful.”
Mr Hutchinson told the hearing many of the items had been thrown out 18 months earlier and had been left in either his greenhouse or garage. He also disputed putting a liquid on his wife’s property, telling the court it was shampoo and conditioner. Mr Hutchinson also denied a suggestion that he tried to evade contact with North Kesteven District Council, telling the hearing he was staying with relatives.
Before leaving the hearing, Mr Hutchinson said: “I would just like to thank the court for listening.”