Suspension of substantial part of sentence in historical sexual abuse case held to be unduly lenient

Criminal law – sentencing – application by DPP to review sentence – undue leniency – s. 2 of the Criminal Justice Act 1993 – eight counts of rape and eight counts of indecent assault in the Central Criminal Court – sentences of 12 years' imprisonment in respect of each count of rape, with nine years suspended, and three years imprisonment in respect of each count of indecent assault – s. 31 of the Criminal Procedure Act, 2010 – Illness or infirmity as a mitigating feature in sentencing – no rule that prevents those who are ill from being sent to prison – whether the trial judge erred in principle in allowing by way of excessive mitigation for the respondent’s medical condition – sentencing judge was an error in principle and the sentence, insofar as it directed the suspension of nine years, was unduly lenient.