Lowe, R v

Lowe, R v

Although there were aspects of the judge's summing-up that could be criticised, particularly regarding the right to silence and the scope of adverse inferences, these did not render the verdict unsafe given the overwhelming evidence and the overall adequacy of the directions.

Parties
Prosecutor: Regina; Appellant: Paul Lowe
Jurisdiction
England and Wales
Judgment Date
12 March 2007
Procedural Posture
Criminal Appeal / Judgment on Reference From Criminal Cases Review Commission
Outcome
appeal dismissed
Legal Topics
Conspiracy to Supply Controlled Drugs, Adverse Inferences, Right to Silence, Judicial Directions, Criminal Justice and Public Order Act 1994 Section 34
Criminal Law Conspiracy to Supply Controlled Drugs Adverse Inferences Right to Silence Judicial Directions Criminal Justice and Public Order Act 1994 Section 34

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Parties

Regina

Prosecutor

Paul Lowe

Appellant

Procedural Posture

Criminal Appeal / Judgment on Reference From Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the trial judge's directions to the jury regarding adverse inferences under section 34 of the Criminal Justice and Public Order Act 1994 were adequate and compliant with legal principles
  2. 2 Whether the failure to remind the jury of the defendant's right to remain silent rendered the trial unfair and the verdict unsafe

Ratio Decidendi

Although there were aspects of the judge's summing-up that could be criticised, particularly regarding the right to silence and the scope of adverse inferences, these did not render the verdict unsafe given the overwhelming evidence and the overall adequacy of the directions.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction dismissed
  • No certification of point of law of public importance to the House of Lords