The brothers, aged 10 and 11 at the time of the 2009 attack, were detained indefinitely in January and told they would serve a minimum of five years.
Lord Chief Justice, Lord Judge, said the crimes committed were “dreadful”. The boys’ victims, aged nine and 11, were subjected to a brutal assault in Edlington, South Yorkshire. The brothers were not present for the Court of Appeal hearing. Lord Judge, sitting in London with Mr Justice David Clarke and Mr Justice Lloyd Jones, rejected the applications for permission to appeal.
Lord Judge added there was no possible ground for criticising their sentences. Prior to their sentencing at Sheffield Crown Court, Mr Justice Keith heard how the brothers, now aged 11 and 12, lured the boys to a secluded spot in Edlington, near Doncaster, and subjected them to 90-minutes of violence and sexual humiliation.
The judge was told how the boys had a “toxic home life” which involved “routine aggression, violence and chaos”. The brothers admitted causing their victims grievous bodily harm with intent. They also pleaded guilty to robbing one of the boys of a mobile phone and the other of cash and two counts of intentionally causing a child to engage in sexual activity.
The pair also admitted causing another 11-year-old actual bodily harm a week before the boys were attacked. Mr Justice Keith placed concurrent sentences on all the charges they admitted and each boy was placed on the sex offenders’ register for three-and-a-half years. The appeal judges ruled that both the imposition of the indeterminate sentence for public protection and the minimum term of five years were justified in what was a “highly exceptional case”.
Lord Judge said despite the young ages of the brothers, “the level of their culpability was very high”.