Fordingbridge rape case: Judge ‘wrong’ to spare boys jail
During the Court of Appeal hearing, Tom Little KC said: “We accept that the judge sought to apply the relevant principles, but our view is that he misapplied those principles and the cumulative effect of this would lead to unduly lenient sentences.”
He also said the judge’s sentencing remarks “made limited reference to the significant impact of this crime on both victims and the clear evidence of the great harm suffered as a result”.
Ed Henry KC, representing Y, said the boy had been declared a “pariah” after the Crown Prosecution Service misled the public by reporting the case due to an inaccurate press release.
“Y has engaged in deplorable and shameful behavior and of course deserves to be punished,” Henry said.
“But the public outcry and contempt seriously aggravated his sentence.”
Henry said: “Parliament has decided that a completely different approach is needed when sentencing children.”
He said his client’s IQ was in the lowest one percent for his age.
“He has a very, very simple understanding of the word consent.”
Clare Wade KC, for Child X, said: “We submit that the learned judge approached sentencing correctly.
“Overall, the sentences imposed provide the best opportunity for juvenile offenders to learn and develop and provide the most effective way to protect women and girls in the future by preventing future crime.”
Lady Chief Justice Sue Carr criticized the CPS for issuing a press release suggesting children had been convicted of “knife-point rape”.
“The judge clearly stated otherwise,” he said.
“I want to know what steps are being taken to prevent something like this from happening again.”
He also expressed deep concern that it took weeks to correct the press release.
“Given the inaccurate reports immediately circulating about the nature of this attack, how could it have taken this long?” he said.
The hearing before Lady Chief Justice, Lord Justice Edis and Mrs Justice Norton was adjourned for 2 days.
The children were told to attend Southampton Crown Court at 2pm on Thursday to watch the judges’ decision via video link.
The trial continues.
