Cases in Judicial Precedent
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The Supreme Court agreed with the decision of the Court of Appeal and decided a man could be found guilty of raping his wife - This is an example of persuasive precedent because a court higher in the hierarchy followed a lower courts decision.
R v Mohammed (2005)
- The Court of Appeal held that when defence of provocation was raised, a person should be judged according to the ordinary person's powers of self control.
- Decisions of the Judicial Committee of the Privy Council
Balfour v Balfour (1919) and Merritt v Merritt (1971)
A use of distinguishing between two cases, which appear to be similar but can be distinguished because the facts of the cases are different.
London street Tramways V London County Council (1898)
Lords expressed it was bound to follow its own decisions unless they had been made per incuriam by not following the relevant act of Parliament correctly.
R v Shivpuri (1986)
First use of the practice statement in Criminal Law.
Herrington v British Railway Board (1972)
The Lords first major use of the Practice Statement
Conway v Rimmer (1968)
- The decision that the government could apply 'public interest immunity' and therefore avoid disclosing certain documents in a court case. This was overruled by the Lords in Conway v Rimmer when this immunity was removed from the government.
- This was the first ever use of the Practice Statement by the Lords.
R v Spencer (1985)
When the Liberty of a person is at stake then the C.O.A (Criminal Division) may choose not to follow one of it's earlier decisions.
R v Gould (1968)
The Criminal divsion of the C.O.A could depart from its previous decision where the law has been 'misapplied or misunderstood'.
Davis v Johnson (1978)
- The Lords accepted the C.O.A's findings in the case but made it clear that the court of Appeal could not extend the exceptions to the rule in Young v Bristol Aeroplane Company Ltd (1944).
- They said any relaxation on the rules of stare decisis would lead to a mass of conflicting decisions, uncertainty and confusion.
Donoghue v Stevenson (1932)
The finding of a decomposed snail in a bottle of cider which resulted in the rule of Negligence (firstly only persuasive precedent) being created.
Young v Bristol Aeroplane Company Ltd (1944)
- Where the 3 General Rules for the Court of Appeal and Precedent were emphasised.
- This case also established the 3 exceptions meaning that in some situations the Divisions Of the C.O.A are not bound by one of their earlier decisions.
R v Dica (2004)
- Decisions of Courts in other countries are used as persuasive precedent.
- Case him having unprotected sex knowing he had HIV being the equivalent to ABH
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