A JUDGE'S decision to free a teenage sex attacker who went on to abuse another victim days later is to be reconsidered by the Court of Appeal.
The boy was given a non-custodial sentence in June by His Honour Judge Adrian Smith after his victim's family said they forgave him because of their Christian faith. But eight days later he struck again, kidnapping and raping another child.
Now the Attorney General has ruled that the sentence by Judge Smith should be referred to the Court of Appeal after prosecutors claimed that it was "unduly lenient".
It has also emerged that Judge Smith spared the teenager from a jail sentence even though the defendant owned up to abusing ANOTHER boy.
He was given a three-year community rehabilitation order for the first attack in which he admitted one charge of causing a child to engage in sexual activity and one of rape. But the MEN has established the boy asked for three other charges of engaging in sexual activity with a child to be taken into consideration - which related to another child.
He was sentenced on June 26th but eight days later, on July 4th, he lured away a third victim who was playing near his home on the premise of looking for a lost ball.
The attacker, who cannot be named for legal reasons, is now facing jail for the last offence after he admitted at Minshull Street Crown Court in Manchester, child abduction, rape, kidnap with intent to a commit sexual offence and attempted rape.
He is due to be sentenced on November 11th. He could also now face a further custodial sentence for the first case.
A spokesman for the Attorney General's Office said: "The Attorney General, Baroness Scotland QC, has referred the sentence of June to the Court of Appeal to consider if it was unduly lenient.
"We are awaiting a date for the Court of Appeal hearing which may be affected by sentencing in November for the other matters."
In the first attack the teenager lured the boy to a bedroom and subjected him to a horrific assault. As well as the community order he was ordered to go to counselling sessions to address his behaviour and was to be supervised by probation officers.
The teenager will be sentenced after psychiatric reports have been prepared. He has been remanded in custody.
The latest victim's father, from Tameside, said: "Our son was abused not only by this lad but also in effect the British legal system that was supposed to protect him."
The new case was to have been heard by Judge Smith too but he agreed to pass it to another judge after intervention by CPS lawyers.
The boy had initially elected to stand trial later this month but then entered a guilty plea.
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Showing comments 1 to 9 and replies | View All
Rob Wilson (06/10/2009 at 13:37)
salfordrat (06/10/2009 at 14:26)
Knowsleyman, Paphos (06/10/2009 at 14:31)
Having said that, one would hope, that when sentencing comes up for the 2nd case then an indeterminate sentence is given with a minimum of 10 years before any parole could be considered.
As I have said, you can only hope.
Angie33 , Manchester (06/10/2009 at 14:46)
city col, prestwich (06/10/2009 at 17:54)
MPs gravy train, UK (06/10/2009 at 18:26)
Rasputin II, >Forward Manchester> (06/10/2009 at 23:13)
The mindset of modern humanity is the problem. No doubt the Christian family will be happy within themselves that they have forgave the action of this person. If everyone forgave evil then evil wouldn't be a problem and it would wither and die.
Everything has a consequence. If we retaliate with retribution evil will retaliate with revenge. If we retaliate with compassion evil will conform. And I don't mean the Liberal, money spinning set-up we have at the moment.
But forgiveness is nigh on impossible these days. People always want the call for blood. I wonder, if these people were put on the hangman's noose by a powerful entity, put to death because of their association with history, would they ask for forgiveness?
Mr Mancunian, Sydney Australia (08/10/2009 at 03:32)
Angie33 , Manchester (08/10/2009 at 09:30)