Boy's fantasy crime

The 15-year-old boy, who cannot be named, was sentenced at Newport crown court on December 2001 to three years' youth custody.

He pleaded guilty to conspiring to rob the A&B Stores in Pontnewynydd, Pontypool, and to possessing a firearm - an air pistol - with intent.

London's Criminal App-eal Court dismissed his sentence challenge, rejecting a submission that three years was "manifestly excessive".

Mr Justice Forbes, sitting with Lord Justice Dyson and Mrs Justice Silber, said the Newport judge's app-roach "cannot be faulted".

The court heard that on October 21, 2001, the teenager and three co-accused - aged 15, 17 and 18 - approached the small local shop which they planned to rob.

The youth had taken his father's air pistol and balaclavas from his home and waited outside as lookout.

One youth went inside carrying the gun, another had a baseball bat while the third decided not to go ahead with the plan.

The gun was pointed at the shopkeeper and money was demanded. But the store owner shouted at them and the pair left empty-handed after the baseball bat was swung at a stand of sweets.

The sentencing judge said the youths had spent the day discussing and planning the robbery.

In arguing for a sentence cut, the 15-year-old's lawyers submitted that his co-accused were older and had previous convictions while this was his first time in trouble with the law.

A probation officer told the court the offence had been a "fantasy that got out of control" and, with hindsight, he realised the fear the victim must have experienced.

Mr Justice Forbes said: "This is a very sad case in which it is clear that a decent young man has committed a very serious crime, in which it is also clear there is no reason for doubting the assurance that he is not likely to reoffend in the future." But he said this was a serious offence and the sentencing judge took a great deal of care in imposing the penalty.