Lowe, R. v

The extended sentences imposed under section 85 of the Powers of Criminal Courts (Sentencing) Act 2000 were unlawful because the offences pre-dated the commencement of that section; the sentences must be quashed and replaced with lawful concurrent five year sentences, with a direction for supervision under section 44 of the Criminal Justice Act 1991.

Parties: Applicant/appellant: Steven Lowe; Respondent: Regina (The Crown)
Jurisdiction: England and Wales
Judgment Date: 29 October 2009
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: appeal allowed in part
Legal Topics: Sentencing, Indecent Assault, Extended Sentences, Statutory Powers

Criminal Law Sentencing Indecent Assault Extended Sentences Statutory Powers

Case Brief

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Parties

Steven Lowe

Applicant/appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether the trial judge had power to impose extended sentences under section 85 of the Powers of Criminal Courts (Sentencing) Act 2000 for offences committed before 30 September 1998
2 What is the appropriate sentence for the appellant given the statutory limitations

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

Extended sentences on counts 10 and 20 quashed
Concurrent five year sentences substituted on counts 10 and 20 to run concurrently with other sentences