The Court of Appeal is set to rule on Thursday on whether the sentences of three teenage boys who avoided custody for raping two girls are 'unduly lenient'. The boys, two aged 15 (referred to as X and Y) and one aged 14 (Z), were handed non-custodial sentences in May for a total of 10 counts of rape and seven indecent image offences. The attacks occurred separately in Fordingbridge, Hampshire, in November 2024 and January 2025. X and Y were involved in both attacks, while Z encouraged the rape of the second victim.
Attorney General's Referral
The Attorney General referred the sentences to the Court of Appeal as 'unduly lenient' shortly after they were imposed. At a hearing on Wednesday, barristers for the prosecution argued that detention was the 'only appropriate sentence'. Tom Little KC, representing the Attorney General, stated that parts of Judge Nicholas Rowland's sentencing approach were 'fundamentally flawed' and 'appear to minimise aspects of the case', including the harm to victims. He noted that the judge's remarks gave only a line and a half to each victim's extensive harm, calling it 'symptomatic of an approach which was, regrettably, incomplete and inadequate'.
Defence Arguments
Lawyers for the boys argued the sentences were appropriate. Clare Wade KC, for X, said the sentences 'broadly provide the best opportunity for the child offenders to learn and develop and provide the most effective way of protecting women and girls in future'. Edward Henry KC, for Y, highlighted his client's 'constellation of comorbid conditions that dramatically reduced his culpability', including an IQ in the bottom 1% and ADHD with 'extreme neurodevelopmental impairment', making him present 'more like an eight-year-old'. He added that Y had become a 'pariah' due to public outcry, causing 'substantial additional punishment that he is ill-equipped to bear'.
Judge's Original Sentencing
At Southampton Crown Court, Judge Rowland acknowledged that X and Y's offences 'crossed the custody threshold', but he sought to 'avoid criminalising these children unnecessarily', citing detention as a 'last resort'. X received a three-year youth rehabilitation order (YRO) with 180 days of intensive supervision for raping and taking indecent images of both victims. Y received the same sentence for three rape charges against each victim and four counts of taking indecent images. Z was given an 18-month YRO for two rape charges related to the second victim and an indecent image offence.
Victim Impact and CPS Errors
In a statement, the first victim said the attack 'left me harmed so severely that I do not think I will ever be the same' and the trial 'broke something inside me'. The Lady Chief Justice Baroness Carr, who presided over the appeal with Lord Justice Edis and Ms Justice Norton, expressed 'deep concern' about a Crown Prosecution Service press release issued after sentencing, which contained 'fundamental errors', including an incorrect claim that the second victim was raped at knifepoint. The error was not corrected until June 10. Baroness Carr said this was 'troubling' given significant media reporting, adding the court was 'considering what our options are'. The judgment is expected at 2pm on Thursday, with the boys appearing via video link to hear the decision directly from the judges.
