His lawyers contended sentence was too severe while the DPP argued it was too lenient
The Court of Appeal has had “no hesitation” in dismissing the sentence appeal of a teenager who boasted about raping a 15-year-old girl at a house party.
The girl took a lift with the male and friends to a house party, where she was given shots of vodka and felt very unwell. The man’s barrister, Patrick McCarthy SC, said his client was a child at the time and, as such, any penalty imposed on him should “cause as little interference” as possible with his pursuits. He submitted that it was desirable to allow the education, training or employment of child offenders to proceed without interruption, according to Section 96.2 of the Children’s Act 2001.
He said the defendant’s moral culpability was high in light of the element of planning, the victim’s vulnerable condition, his persistence in engaging with her sexually notwithstanding her condition and continuing to do so despite confrontation by others.
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