Judgements (Obiter dicta and Ratio decidendi

  • Created by: Lizzie
  • Created on: 04-05-13 13:29

Ratio Decidendi (reason for the decision)

  • shows why the case had that outcome and is directly relevant to that case
  • difficult to find
  • forms precedent
  • Sir rupert Cross defined it as "any rule expreslly/impliedly treated by the judge as a necessary step in reading the conclusion".
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Cases for Ratio Decidendi

R v Howe: D was guilty of murder because the defence of duress is not a defence to murder

Donoghue v Stevenson: neighbour principle

Both cases are an original precedent which means the point of law had not been decide before 

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Obiter Dicta

  • not crucila to the case
  • judges discuss what th eoutcome would have been if the facts of the case haad been different

R v Howe: duress wouldn't be a defence for attempted murder (R v Cotts)

Brown & Others: consent unlikley to be defence to ritual circumcision 

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