John
07-27-2010, 06:16 PM
Two schoolboys found guilty of the attempted rape of a girl of eight have lost Court of Appeal challenges against their convictions.
Three judges in London dismissed appeals brought by the pair, now 11.
They were both 10 last October when a girl complained to her mother that she was assaulted in Hayes, west London.
The boys were each found guilty of two charges of attempted rape by a 10-2 majority at the Old Bailey on May 24, but both were cleared of two alternative offences of rape.
They denied assaulting the girl and their lawyers claimed they were just being naughty or playing a game. Their barristers argued that the trial judge should have withdrawn the case from the jury at the close of the prosecution case on the ground of "no case to answer". But the Court of Appeal judges ruled that the trial judge was entitled to take the course he did by leaving the case with the jury.
The boys, who are on bail pending the preparation of pre-sentence reports, were not present for the ruling. They are due to be sentenced on August 16.
Lord Justice Hughes, Mrs Justice Rafferty and Mr Justice Maddison had been urged by barristers representing the boys to rule that the trial judge "erred in rejecting the submission of no case to answer".
The main ground of appeal was that the case should have been withdrawn from the jury following half-time submissions made by both defendants.
Rejecting the appeal, Lord Justice Hughes said: "We should say that, like the judge, we have found this a painful case to consider and a difficult one in which to apply the rules of law which we are obliged to apply.
"We are, however, satisfied that the judge was right and entitled to come to the conclusion that he did."
Three judges in London dismissed appeals brought by the pair, now 11.
They were both 10 last October when a girl complained to her mother that she was assaulted in Hayes, west London.
The boys were each found guilty of two charges of attempted rape by a 10-2 majority at the Old Bailey on May 24, but both were cleared of two alternative offences of rape.
They denied assaulting the girl and their lawyers claimed they were just being naughty or playing a game. Their barristers argued that the trial judge should have withdrawn the case from the jury at the close of the prosecution case on the ground of "no case to answer". But the Court of Appeal judges ruled that the trial judge was entitled to take the course he did by leaving the case with the jury.
The boys, who are on bail pending the preparation of pre-sentence reports, were not present for the ruling. They are due to be sentenced on August 16.
Lord Justice Hughes, Mrs Justice Rafferty and Mr Justice Maddison had been urged by barristers representing the boys to rule that the trial judge "erred in rejecting the submission of no case to answer".
The main ground of appeal was that the case should have been withdrawn from the jury following half-time submissions made by both defendants.
Rejecting the appeal, Lord Justice Hughes said: "We should say that, like the judge, we have found this a painful case to consider and a difficult one in which to apply the rules of law which we are obliged to apply.
"We are, however, satisfied that the judge was right and entitled to come to the conclusion that he did."