R v Jonathan LOWE [2009] NSWDC 329

New South Wales District Court

CITATION: R v Jonathan LOWE [2009] NSWDC 329

HEARING DATE(S): 3 December 2009

JUDGMENT DATE: 4 December 2009

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: Sentence - manslaughter - unlawful and dangerous act - death of parent caused by explosive device constructed by son.

PARTIES: The Crown Jonathan LOWE

FILE NUMBER(S): 2009/6272

COUNSEL: Mr Everson of Counsel for the Crown Mr Wendler of Counsel for the Offender

SOLICITORS: NSW Director of Public Prosecutions Van Houten Law

The Proceedings

1 On 21 September 2009, the offender and the co-accused Ashley Wright pleaded not guilty to the manslaughter of the offender's father, Lionel Barry Lowe (the deceased). The Crown relied on the unlawful and dangerous act of manufacturing an improvised explosive device (IED) that contained triacetonetriperoxide (TATP).

2 The offender and the co-accused sought a stay of proceedings, arguing that the Crown could not prove that their acts "caused" the death of the deceased. The application was refused and the trial proceeded. After the evidence in chief of the Crown's first witness (the offender's mother), the offender entered a plea of guilty. The co-accused is to be tried next week.

3 The maximum available penalty is 25 years imprisonment.

4 Following his arrest on 23 July 2008, the offender remained in custody until 9 June 2009, when he was bailed to attend ONE80TC, a full-time, abstinence-based residential rehabilitation program run by a Christian group. In relation to a sentence for supplying a prohibited drug, parole was revoked and the offender served the balance of parole, which expired on 10 January 2009. From 10 January 2009 to 9 June 2009, he was in custody in relation to the manslaughter matter only. If the offender continues in the ONE80TC program, he will probably complete the program in late 2010.