Two brothers, Jack Lowes, 30, and Danny Lowes, 28, attacked their sister's former neighbour in his own home in the Lobley Hill area of Gateshead following a row over their dogs. Newcastle Crown Court heard that the brothers barged into the man's home and assaulted him, with one punching him and the other hitting him with a piece of wood or stick. The victim sustained injuries to his back and buttocks.
Background of the Dispute
The court heard that the victim and his female partner lived next door to the brothers' sister and her partner, Josh Welsh, 23. The relationship between the neighbours had been strained due to issues with each other's pets, particularly their dogs. On the day of the offences, the sister was unhappy about her lack of sleep because the victim's dog had kept her up all night. The victim explained that her dog did the same.
The disagreement escalated when Welsh came outside with a kitchen knife and said: "You know I'm f***ing mad. I'm mad you know. I'll stab you with this. Don't make me do it." The woman then rang her mother, and her two brothers arrived at the address.
The Assault
Prosecutor Gurjot Kaur said: "Jack Lowes and Danny Lowes pushed past (the victim's partner) to go upstairs to the living room where (the victim) was present. He was assaulted in his own home." Danny Lowes accepted striking the man with closed fists but not as many as the 20 times the victim suggested. Jack Lowes lost his temper, picked up a piece of wood or stick, and hit the man, causing injuries.
The court heard that the brothers' father, John Lowes, 56, drove to the scene after his daughter called her mother. He parked outside but did not get out of his vehicle. He said: "I did not know any weapon would be used. I did not get out of the vehicle at any stage. I did not shout encouragement to use violence against any person."
Defence Statements
Liam O'Brien, defending Danny Lowes, said he was upset when someone he cared for had been wronged and wanted to straighten things out. He said: "He knows that he's let himself down, he's let other people down." Helen Towers, defending Jack Lowes, noted his lack of previous criminal behaviour, no drug or alcohol misuse, and long-standing mental health difficulties. He had been fitted with a permanent heart monitor.
Richard Herrmann, defending John Lowes, said he responded to a distraught phone call from his daughter and drove to the house without getting out of the car. John Wilkinson, defending Welsh, said he was undergoing a mental health assessment.
Sentencing
All four defendants pleaded guilty to affray. The offences occurred almost three years ago. Judge Stephen Earl said: "It ought never to have escalated to that point that day." He decided against immediate prison sentences. Jack and Danny Lowes received 14 months in prison suspended for 18 months, with rehabilitation activity requirement days and 150 hours of unpaid work. John Lowes and Josh Welsh each received a 12-month community order with rehabilitation activity requirement days, and Welsh was ordered to attend a mental health treatment programme.
