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Slide 1

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Distinguishing
·Way for Judges to avoid
following precedent
·The judge finds a
difference between the case
they are sitting on and a
previous case.
·Judges are then not bound
by a previous decision.
·Can be used in any level
court.…read more

Slide 2

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For example...
· Has been used in Sharp- Was held duress is not
a defence when D joins a criminal gang that
carries out robberies.
· Shepherd was distinguished from Sharp because
the gang Sharp joined was known to use violence
whereas in Shepherd they weren't.
· So Shepherd could use duress as a defence.…read more

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