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Teenage thug fails in appeal over sentence (From This is Hampshire)

Teenage thug fails in appeal over sentence 11:20am Friday 25th May 2012 in News A TEENAGE thug who was locked up after battering an “acutely vulnerable” young man in an unprovoked attack has failed in an appeal against his sentence. The 15-year-old from Andover joined in a vicious attack on 20-year-old Darren Rogers near lakes in Andover on the evening of 30 August last year. In February, after earlier pleading guilty, he was sentenced to 10 months’ detention and training at Winchester Crown Court for assault occasioning actual bodily harm. The youth received concurrent sentences for having an offensive weapon and assaulting one of Mr Rogers’ friends. On Tuesday, lawyers for the teenager argued that the sentence was too tough, but saw their case rejected by appeal judges led by the Lord Chief Justice, Lord Judge. Mr Justice Openshaw, sitting with Lord Judge and Mr Justice Irwin, said the youth had been involved in an attack on a “very vulnerable” person. Mr Rogers had been with friends near the lakes last August when he was approached by several youths and young men, some of whom had bullied him before. As he went to give one of them a cigarette, he was headbutted and then set upon by the 15-year-old and an accomplice with fists and feet. As one of Mr Rogers’ friends tried to leave the scene, he was followed by the teen and hit with a piece of wood. Mr Justice Underhill said that Mr Rogers was “acutely vulnerable”, suffering from learning difficulties, epilepsy and attention deficit hyperactivity disorder. Lawyers for the 15-year-old argued that the sentence was too long, pointing to the problems he suffers with, including Asperger’s syndrome. The appeal judge said: “We entirely accept that custody should be seen as a sentence of last resort upon an offender so young, particularly when he has the problems this appellant has.” But he continued: “The appellant enthusiastically participated in a joint attack on a very vulnerable victim and effectively beat him up and then attacked his friend.”

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