Two paedophiles with a combined age of 207 who argued they were too old to be behind bars for so long lose their appeals to overturn their sentences
- Two paedophiles aged 101 and 96 lost their appeals against their sentences
- Ralph Clarke and GP Peter Cooper argued their sentences were excessive
- Lawyers for the two jailed for historic sex offences were vulnerable
- But judges were not persuaded that reduced sentences were warranted
Ralph Clarke, 101, had his case to
have his sentence reduced by the Court of Appeal turned down, alongside
fellow paedophile Peter Cooper, based on their extreme old age
Two
paedophiles aged 101 and 96 have lost their appeals against sentences
which they said were excessive because of their extreme old age.
Ralph Clarke was jailed for 13 years in December for a string of historic sex offences against three young children.
The
former haulier, of Erdington, Birmingham, who showed no remorse, is
thought to be the oldest person ever convicted in the UK.
In
February, retired GP Peter Cooper, of Minehead, Somerset, began a
three-year jail sentence for historic sex offences against a girl which
started when she was six.
Their lawyers
told the Court of Appeal that the sentence passed should be one where
it could be reasonably expected that the offender will serve the
requisite custodial period.
If this was
not the case, the court was passing something akin to a whole life
sentence when the offender had not been sentenced in that way.
They emphasised the vulnerability of extreme old age and asked the court to treat old people as if they were terminally ill.
It
was suggested they should be treated as a special class of offender
like those under 18 and the mentally disordered - each of whom was
subject to special consideration in sentencing.
On
Thursday, five judges headed by Lady Justice Hallett said sentencing
the very old must be done on a case-by-case basis and the court would
require information specific to the particular offender.
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Treating the aged like the terminally ill was to approach the matter by reference to the general rather than the specific.
And
the argument that old age should be a special category, as for
offenders under 18 or with mental disorders, foundered on the fact that
they were treated differently because their culpability was reduced.
As of December 2016, there were 219 prisoners aged between 80 and 89, 14 between 90 and 99 and one over 100.
The
relatively recent rise in numbers of older offenders had led to a
degree of expertise being acquired by the Prison Service and courts
should proceed on the basis that appropriate provision could be made.
The
judges said the approach of taking the factors of extreme old age and
health into account in a limited way was the correct one.
Former GP
Peter Cooper (left) of Minehead, Somerset, began a three-year jail
sentence for historic sex offences against a girl which started when she
was six
'We are not persuaded that there should be any change in the position.
'Whilst
we consider that an offender's diminished life expectancy, his age,
health and the prospect of dying in prison are factors legitimately to
be taken into account in passing sentence, they have to be balanced
against the gravity of the offending - including the harm done to
victims - and the public interest in setting appropriate punishment for
very serious crimes.'
They said both Clarke and Cooper were relatively fit and each had lived independently without any major health issue.
Having
regard to the circumstances of Clarke's offending and his age and
'relatively sprightly' condition, the sentence was not manifestly
excessive.
In Cooper's case, a
custodial term of three years for offences of such seriousness could not
be described as excessive, even for a man of 96.
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