Lowery v The Queen

Facts

Lowery and King were charged in Victoria with the murder of a girl of fifteen. The killing was sadistic. Each gave evidence and blamed the other. Lowery said he was not the sort of man to do it. King was allowed to call a psychologist to say that, of the two personalities, King's account was the more probable. Both were convicted. Lowery appealed to the Privy Council.

Issue

May one accused call psychological evidence of personality to rebut the other's account?

Held

Yes, on these facts. The Privy Council held that the evidence was relevant to King's case and to the issue between the two men. It was not admitted as a general opinion on who is likely to kill.

Principle

The Board decided the case on its own facts. It did not lay down a general rule that psychologists may give evidence of personality on a criminal charge.

Why it matters

It is express. The case has not been followed, and it is not authority for admitting psychiatric evidence whenever character is in dispute. Turner is the rule. Lowery is the caution.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.