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     I have considered the application on the papers. These are: the application for reconsideration with representations dated 28 December 2022; the Decision dated 23 November 2022 (the Decision); an email from the Public Protection Casework Section on behalf of the Secretary of State (the Respondent) dated 11 January 2023; and the case dossier of 489 pages, ending with the Adjournment Directions dated 19 October 2022.
     On 26 March 2007, having been convicted of robbery, the Applicant was sentenced to imprisonment for public protection. The minimum custodial term was fixed at 1 year 10 days, after taking into account time spent in prison on remand, and the Applicant's tariff expired accordingly on 4 April 2008.
     The Applicant was 19 when the robbery was committed. He had a history of offending, with convictions for burglary, criminal damage and aggravated vehicle taking. He also had convictions for battery and common assault which included assaults on his carers. The most recent convictions involved racial abuse towards a person on a train followed by an assault on another passenger who tried to intervene.
     The victim of the index offence was a 15-year-old boy on a train who the Applicant threatened with a knife before stealing his phone. The Applicant is reported to have told the psychologist undertaking a risk assessment for the purpose of the current review that he wanted money for drugs and alcohol. He claimed the victim had made comments about his sister in a sexual manner and was " mouthing off " which was the main motivation for the robbery.
     The sentencing judge referred to the Applicant's significant learning difficulties with a very low IQ and to the Attention Deficit Hyperactive Disorder (ADHD) from which he was thought to suffer. Alcohol was also a feature of his continued offending behaviour. The author of the pre-sentence report referred to the Applicant's failure to respond to community-based disposals to which he had been sentenced in respect of his earlier offending and concluded that the Applicant did not have the ability to learn in the ordinary course of events.
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