Lowey & Anor, R. v [2007] NICA 9 (16 February 2007)

Lowey & Anor, R. v [2007] NICA 9 (16 February 2007)

The sentence of eight years' imprisonment was not manifestly excessive given the seriousness of the offence, the sums demanded, and the lack of sufficient distinguishing features from the Potts case. The absence of a probation report supporting a custody/probation order precluded such a disposal.

Citation
[2007] NICA 9
Parties
Prosecution: The Queen; Appellant: Robert Lowey; Appellant: David Alexander Bennett
Jurisdiction
Northern Ireland
Judgment Date
16 February 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Blackmail, Paramilitary Offences, Sentencing, Appeal Against Sentence
Criminal Law Blackmail Paramilitary Offences Sentencing Appeal Against Sentence

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Parties

The Queen

Prosecution

Robert Lowey

Appellant

David Alexander Bennett

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of eight years' imprisonment for blackmail was manifestly excessive
  2. 2 Whether sufficient distinction was made between the present case and Attorney General's reference No 5 of 2004 (Potts)
  3. 3 Whether a custody/probation order should have been considered

Ratio Decidendi

The sentence of eight years' imprisonment was not manifestly excessive given the seriousness of the offence, the sums demanded, and the lack of sufficient distinguishing features from the Potts case. The absence of a probation report supporting a custody/probation order precluded such a disposal.

Court Disposition

appeal dismissed