Jones & Ors, R, v

Jones & Ors, R, v

The evidence regarding Mrs Silverman's prior criticism did not amount to bad character or misconduct and was irrelevant to the present case. There was sufficient evidence for the jury to convict Susan Lowry-Huws of conspiracy to defraud. The sentences imposed on Antony Lowry-Huws and Sheila Whalley were not manifestly excessive, but Whalley's sentence was reduced due to exceptional personal mitigation.

Parties
Prosecution: Regina; Appellant: Nicholas John Jones; Applicant/appellant: Antony Lowry-Huws; Appellant: Sheila Rose Whalley; Appellant: Susan Margaret Lowry-Huws
Jurisdiction
England and Wales
Judgment Date
16 July 2014
Procedural Posture
Criminal Appeal / Judgment on Appeals Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; Antony Lowry-Huws' renewed application for leave refused; Antony Lowry-Huws' appeal against sentence dismissed; Sheila Rose Whalley's sentence reduced to 5 years' imprisonment.
Legal Topics
Conspiracy to Defraud, Mortgage Fraud, Sentencing, Bad Character Evidence, Expert Evidence
Criminal Law Conspiracy to Defraud Mortgage Fraud Sentencing Bad Character Evidence Expert Evidence

Case Brief

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Parties

Regina

Prosecution

Nicholas John Jones

Appellant

Antony Lowry-Huws

Applicant/appellant

Sheila Rose Whalley

Appellant

Susan Margaret Lowry-Huws

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeals Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit evidence challenging the objectivity of the prosecution's expert witness
  2. 2 Whether there was sufficient evidence to convict Susan Lowry-Huws of conspiracy to defraud
  3. 3 Whether the sentences imposed on Antony Lowry-Huws and Sheila Rose Whalley were manifestly excessive

Ratio Decidendi

The evidence regarding Mrs Silverman's prior criticism did not amount to bad character or misconduct and was irrelevant to the present case. There was sufficient evidence for the jury to convict Susan Lowry-Huws of conspiracy to defraud. The sentences imposed on Antony Lowry-Huws and Sheila Whalley were not manifestly excessive, but Whalley's sentence was reduced due to exceptional personal mitigation.

Court Disposition

Appeals against conviction dismissed; Antony Lowry-Huws' renewed application for leave refused; Antony Lowry-Huws' appeal against sentence dismissed; Sheila Rose Whalley's sentence reduced to 5 years' imprisonment.

Orders

  • Appeals against conviction of Nicholas Jones and Susan Lowry-Huws dismissed.
  • Antony Lowry-Huws' renewed application for leave to appeal against conviction refused.