The Privy Council And Precedent

Good Case examples of following, distingusing  and reversing precedent!

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LA2 ­ Precedent
The Privy Council and Precedent
The Problem that court faced was `what are provocative acts' and `what characteristics
of the defendant could they take into account.
Case 1: Bedder V DPP (Director Public Prosecutions) (1954)
Court ­ House of Lords
This case involves a man who was impotent (couldn't sustain an erection). He
decided that he was going to hire a prostitute, and pay her for sex. When the
prostitute arrived he couldn't get an erection. She teased the man and the
man subsequently strangled the woman to death.
The court said `ignore he was impotent because you can't take into
consideration characteristics'.
Case 2: DPP (Director Public Prosecutions) V Camplin (1978)
Court ­ House of Lords
This case involves a 15 year old boy, who had been raped by a 50 year old man
in his own apartment. The man later teased the boy about being raped, so the
boy picked up a chapatti pan and killed the man.
The House Of Lords said that they would take into consideration age and sex.
As he was 15 and male they said that he couldn't control himself like an adult.
Verdict: Involuntary Manslaughter
Case 3: Luc Thiet Thuan (1996)

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LA2 ­ Precedent
Court ­ Privy Council
He killed his girlfriend in a rage. He was an alcoholic.
The Privy Council agreed with `Camplin' that they should take age/sex into
consideration but NOTHING ELSE!
Verdict: MURDER!
Case 4: R V Smith (Morgan) (2000)
Court ­ House of Lords
Morgan went to his friend's house, they were both alcoholics. They were
drinking all day and all night. Smith accused his friend of stealing tools from the
shed. The provocative act was that Smith stole the tools.…read more

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LA2 ­ Precedent
Court ­ Court Of Appeal
Mohammed left his mosque early one evening and arrived home
un-expectedly to find his daughter in bed with a man! Mohammed locked the
door, and the man ran away by climbing out of the window.
Mohammed returned and stabbed his daughter to death.…read more


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