Persuasive Precedent

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  • Created by: uisay17
  • Created on: 04-05-16 12:56
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  • Persuasive Precedent
    • Lower Court Decision - A judgment fro  a lower court may be persuasive to a higher court.
      • E.g. R v R (1991) - HoLs supported and followed a COA decisions, martial rape is illegal.
    • Persuasive Precedent - A decision from an earlier case which is not binding on the judge and therefore does not have to be followed.
    • Decisions of the Judicial Committee of the Privy Council - Court isn't part of our domestic hierarchy (highest appeal court for commonwealth countries), but made up for our own SC Justices, their decisions are considered worthy precedent.
      • E.g. The Wagon Mound No.1 (1961)
        • E.g. Jersey v Holley (2003)
    • Obiter Dicta Statements  - Obiter dicta comments can be persuasive esp. from HoLs case.
      • E.g. Obiter dicta  of R v Howe followed in R v Gotts, duress isn't a defence for murder, neither is it a defence for attempted murder.
    • A Dissenting Judgement - Where a judge particularly in COA, disagrees with the majority, he will give his reason. On appeal to HoLs, the law Lords may be persuaded by the dissenting judgement.
      • E.g. Candler v Crane Christmas & Co (1951) used by Hedley Burne v Heller
        • E.g. Rose & Frank Co v JR Crompton & Bros LTD (1924)
    • Decisions of Courts in Other Countries - Esp. in other countries where they use same priniciple of common law as our own such as Australia or Canada etc.
      • E.g. R v Bentham (2003) - Had to considered a number of American authorities as the case involved the possession of an gun (legal in many parts of US).


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