*Attorney General's Reference (No 117/2014); R v Balogh

Sentence – Suspended sentence. The offender had been given a suspended sentence for an offence of rape, the recorder having used his power under s 125(7) of the Coroners and Justice Act 2009 to depart from the sentencing guideline in order to deal with a mentally disordered offender in the manner that he thought fit in the circumstances. The Court of Appeal, Criminal Division, held that, although the sentence had been unduly lenient at the time it was passed, it was not in the public interest that the sentence should be disturbed and no action would be taken, in circumstances where the offender had made a fully committed start to the suspended sentence order.

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