During the Court of Appeal hearing, Little KC, for the Attorney General, said: “We accept… that the judge did try to apply the relevant principles, but our submission is he misapplied them along the way, the cumulative effect of which was to lead to unduly lenient sentences.”
He also said the judge’s sentencing remarks had made “limited reference to the marked impact of this offending on both victims and the clear evidence of extensive harm suffered as a result”.
Ed Henry KC, representing Y, said the boy had been made a “pariah” as a result of the public being misled by reporting of the case because of an inaccurate press release from the CPS.
“Y behaved deplorably and disgracefully and he of course deserves to be punished,” Henry said.
“But the public outcry, the opprobrium… has gravely exacerbated his punishment.”
Henry KC said: “Parliament has decided that when sentencing children an entirely different approach is required.”
He said his client was in the bottom one percent of IQs for his age.
“He has a very, very simplistic understanding of the word consent.”
On behalf of boy X, Clare Wade KC said: “We submit that the learned judge approached the sentencing exercise correctly.
“The sentences imposed broadly provide the best opportunity for the child offenders to learn and develop and provide the most effective way of protecting women and girls in future by preventing future offending.”
Lady Chief Justice Sue Carr criticised the CPS for issuing a press release suggesting the boys had been convicted of a “knife-point rape”.
“The judge made an express finding to the contrary,” she said.
“I would like to know what steps are being taken to prevent anything like this ever happening again.”
She also expressed deep concerns that it had taken weeks to correct the press release.
“How on earth could it have taken so long, given all of the inaccurate reporting about the nature of this offending that was swirling around immediately?” she said.
The hearing in front of the Lady Chief Justice, Lord Justice Edis and Ms Justice Norton is listed for two days.
The boys have been told to attend Southampton Crown Court at 14:00 on Thursday to watch the judges’ decision by videolink.
The hearing continues.