Lowther & Ors, R. v

Lowther & Ors, R. v

The judge was entitled to find joint benefit for all appellants in counts 1 and 2, properly applied statutory assumptions under POCA, rejected appellants' evidence as incredible, and costs of sale should only be deducted from available amount, not benefit figure. Confiscation orders must be reduced by agreed costs of sale.

Parties
Respondent: The Queen; Appellant: John Lowther; Appellant: Luke Lowther; Appellant: David Lowther
Jurisdiction
England and Wales
Judgment Date
29 October 2020
Procedural Posture
Criminal Appeal / Appeal Against Confiscation Orders Following Conviction
Outcome
Appeals allowed to limited extent; confiscation orders reduced by agreed costs of sale; all other grounds refused.
Legal Topics
Confiscation Orders, Criminal Lifestyle Assumptions, Joint Benefit, Compensation Orders, Costs of Sale, Money Laundering, Blackmail, Intimidation, Perverting the Course of Justice
Criminal Law Proceeds of Crime Confiscation Orders Criminal Lifestyle Assumptions Joint Benefit Compensation Orders Costs of Sale Money Laundering +3 more

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Parties

The Queen

Respondent

John Lowther

Appellant

Luke Lowther

Appellant

David Lowther

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Confiscation Orders Following Conviction

Legal Issues

  1. 1 Whether the judge erred in finding joint benefit for all appellants in count 1 and count 2
  2. 2 Whether the judge properly applied statutory assumptions under section 10 of POCA
  3. 3 Whether the provenance of funds used to acquire properties was adequately considered

Ratio Decidendi

The judge was entitled to find joint benefit for all appellants in counts 1 and 2, properly applied statutory assumptions under POCA, rejected appellants' evidence as incredible, and costs of sale should only be deducted from available amount, not benefit figure. Confiscation orders must be reduced by agreed costs of sale.

Court Disposition

Appeals allowed to limited extent; confiscation orders reduced by agreed costs of sale; all other grounds refused.

Orders

  • Quash original confiscation orders
  • Substitute new confiscation orders: John Lowther £194,443.29; Luke Lowther £164,967.73; David Lowther £178,963.59