Indeterminate sentence entirely appropriate, rules appeal judge

Lawyers for the two brothers, who were convicted of carrying out the attacks in April 2009 in Edlington, near Doncaster, had applied for leave to appeal against their detention.

They were given indefinite sentences by Mr Justice Keith at Sheffield Crown Court in January this year, and were told the terms were necessary for the protection of the public.

Yesterday, Lord Judge, sitting at the Court of Appeal with Mr Justice David Clarke and Mr Justice Lloyd Jones, agreed with that judgement and dismissed any hope of an appeal in the case.

Lord Judge described the crimes as "horrendous" and added: "The facts of this case are dreadful. It is not a unique case, but fortunately it is highly exceptional."

The Appeal Court judge said the brothers, who cannot be named, had themselves been the victims of "a truly appalling start in life", growing up in a "toxic environment".

Ruling the indeterminate sentence was "entirely appropriate", he said: "No-one can possibly know when it may be safe for either of these boys to be returned to the community.

"On all the evidence we have, the risk that they represent is one which means that any other sentence than detention for public protection simply cannot be justified because no other sentence would provide the necessary element of long-term public protection."

Ordering that the imposition of a five-year minimum must also remain in place, Lord Judge said: "There is here a clear need that these two offenders should be punished for the crimes which they have committed."

He added that when they attacked the two boys they derived "significant satisfaction" from the prolonged ordeal to which they subjected their victims and added: "They knew precisely what they were doing and precisely why they were doing it. They were doing it for their own satisfaction."

Lord Judge added that despite the the young ages of the brothers, "the level of their culpability was very high".

During the hearing in Sheffield in January, Mr Justice Keith told the boys the attack on their victims, who also cannot be named, had been "appalling and terrible".

The judge was told the pair, who were then aged 10 and 11 but are now a year older, lured the other two boys to a secluded spot in the former mining village.

They admitted causing their victims grievous bodily harm with intent during the assault, which involved sexual abuse, humiliation and attacks with bricks and a ceramic sink.

They also pleaded guilty to robbing one of the boys of a mobile phone and the other of cash and two counts of intentionally causing a child to engage in sexual activity.

The pair also admitted causing another unnamed 11-year-old actual bodily harm a week before the boys were attacked.

In February this year, the Government's chief law officer also upheld the sentences handed down by Mr Justice Keith, despite being urged to review them by campaigners who felt they were not harsh enough.

The Attorney General, Baroness Scotland, was urged to refer the sentences to the Court of Appeal for increase after protests from the victims' families and children's charities.

But in a statement she said: "The judge was clearly correct to impose indeterminate sentences of detention and I agree with his analysis and with the minimum terms he set."