Lowe v R

Lowe v R

The trial judge erred in failing to give a specific direction to the jury on the use of bad character evidence. This omission amounted to a material irregularity, rendering the conviction unsafe. The conviction must therefore be quashed.

Parties
Appellant: Donnette Lowe; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
14 December 2007
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
conviction quashed
Legal Topics
Bad Character Evidence, Jury Directions, Sexual Offences, Appeal Against Conviction
Criminal Law Bad Character Evidence Jury Directions Sexual Offences Appeal Against Conviction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Donnette Lowe

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in failing to give a direction to the jury on the use of bad character evidence and whether this omission rendered the conviction unsafe.

Ratio Decidendi

The trial judge erred in failing to give a specific direction to the jury on the use of bad character evidence. This omission amounted to a material irregularity, rendering the conviction unsafe. The conviction must therefore be quashed.

Court Disposition

conviction quashed

Orders

  • conviction quashed
  • application for leave to appeal sentence is otiose