Lowe, R. v

Lowe, R. v

The proper starting point for the minimum term was 15 years, not 30, as the case did not meet the 'particularly high' seriousness threshold under Schedule 21 paragraph 5. However, grave aggravating features justified a substantial increase, and the 28-year minimum term was severe but not manifestly excessive.

Source-derived case information.

Parties
Appellant: Dean Lowe; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
20 February 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Conviction for Murder
Outcome
Appeal dismissed
Legal Topics
Murder, Sentencing, Aggravating Factors, Minimum Term, Appeal Procedure
Criminal Law Murder Sentencing Aggravating Factors Minimum Term Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dean Lowe

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence After Conviction for Murder

Legal Issues

  1. 1 Whether the sentencing judge erred in applying a 30-year starting point for minimum term under Schedule 21 of the Criminal Justice Act 2003
  2. 2 Whether the minimum term of 28 years was manifestly excessive

Ratio Decidendi

The proper starting point for the minimum term was 15 years, not 30, as the case did not meet the 'particularly high' seriousness threshold under Schedule 21 paragraph 5. However, grave aggravating features justified a substantial increase, and the 28-year minimum term was severe but not manifestly excessive.

Court Disposition

Appeal dismissed

Orders

  • The minimum term of 28 years imprisonment stands, less time spent on remand.