A predatory music tutor nervously played an imaginary piano as he lost his bid for freedom at the Royal Courts of Justice. Thomas Rodgers applied to reduce and suspend a two year sentence of immediate custody handed down by Judge Louise Kamill at Snaresbrook Crown Court in February this year, but failed after three high court judges concluded his vile offences were too serious.
The 44-year-old choirmaster from Billericay, Essex, was aged 17 when he sexually abused two young boys while living in East London in the late 1990s. On Thursday (May 16), Rodgers appeared anxiously over a video link from HMP High Down in Sutton. Sporting a feral beard and blue polo shirt, the musician restlessly fingered chords using the prison table as a non-existent piano.
Despite his continuous denials, Rodgers was convicted by unanimous verdict for one count of indecent assault on a male, and two counts of indecency with a child after a trial in December last year. The paedophile was initially sentenced to four years by Judge Kamill in January, but the sentence was reduced to two years at a slip rule hearing in February.
READ MORE: ‘Monster’ music teacher can continue tutoring under-16s when released
The sickening abuse included degrading one victim by repeatedly urinating in their mouth and choking the second victim with his penis. The latter offence would now be considered rape of a child under 13, which carries a maximum life sentence, but Judge Kamill was bound by the statutory maximum of two years for a youth offender at the time of the offences in around 1997.
Addressing Lord Justice Dingemans, Mr Justice Wall, and Judge Sylvia De Bertodano, appeal barrister Greg Foxsmith argued Rodgers’ previous mitigation had not been considered by the judge during the slip rule resentencing.
Mr Foxsmith also said the judge had not considered suspending the sentence, and argued there were sufficient grounds to spare Rodgers the rest of his prison sentence.
In mitigation, Mr Foxsmith said his client had been a youth at the time of the offences; he was investigated for five years; he had lost his good reputation in the community; he was of previous good character; and his family had been badly affected. Arguing for suspension, he also cited the prison population, Rodgers’ realistic prospect of rehabilitation, and his compliance with court orders.
But Rosalind Earlis, responding to the appeal, said it was ‘uncontroversial’ to say good character is of little mitigation, given the long-standing effect of the abuse on the victims.
Arguing against any reduction or suspension, she said that Rodgers’ youth had already been taken into account by the two year maximum available at the time, and that 25 years of good character was ‘of little relevance’.
Ms Earlis accepted suspension had not been considered, but said it was probably the judge’s view that appropriate punishment could only be achieved through immediate custody, due to the seriousness of the offences and the long-term psychological harm.
She also argued the loss of a good name, which Rodgers earned by raising thousands for charity, is not a reason to suspend a sentence.
‘We refuse the appeal’
The court corrected the imposition of a victim surcharge, which was not part of the law in 1997, but rejected Rodgers’ overall appeal. Rodgers sighed heavily as Mr Justice Wall explained the bench’s view that the one-third mitigation need not be applied to the two-year sentence, because of the ‘enormous’ suffering caused by his ‘pronounced and prolonged’ abuse of two young victims.
The judge also explained Rodgers’ good character had lost his good character in relation to the second victim, as he had already abused the first child.
“Had the judge been passing a sentence against the applicant at the time of the offence, they would have been justified in passing a total term of two years,” said Mr Justice Wall.
Mr Justice Wall conceded Judge Kamill should have considered suspending the sentence, but added that they ‘understood’ why she had not made considerations on the record, as she thought it was already inappropriate.
The judge accepted Rodgers met the usual grounds for a suspended sentence but returned to the life-long impact on his victims; Rodgers’ relative maturity (compared to younger child offenders) at the time of the offences; and the repeated abuse on a number of occasions against two victims.
“We have concluded appropriate punishment can only be achieved by immediate custody. We refuse the appeal,” Mr Justice Wall said. It means Rodgers will remain in prison for around seven more months, at which point he will have served the minimum half in custody which is required before release on license.
You can read about our previous reporting on Thomas Rodgers here, including our joint investigation on how a legal loophole allowed him to continue tutoring children after his conviction here.
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