Point of law never been decided before.
Look at cases which are similar in fact to make decision.
1 of 5
Binding Precedent
Only binding for courts lower or a court on the same level. - Precedent set in Magistrates would not be taken into account in above courts
Facts of a previous case are sufficiently similar.
2 of 5
Persuasive Precedent - PART 1
Courts lower in the Hierarchy - R v R (1981)
Decisions of the Judicial Committee of the privy Council - Not part of Court Hierarchy, Many Judges Part of Supreme Court.
3 of 5
Persuasive Precedent Part 2
Statements made in Obiter Dicta - R v Howe 1987.
CoA ruled that duress is not a defence to murder.
Obiter Statement - 'Duress would not be a defence to attempted murder'
Followed as a persuasive Precedent for R v Gotts (1992)
4 of 5
Persuasive Precedent Part 3
Dissenting Judgement - A disagreeing Judge in CoA -> appeal to Supreme.
We agree with reasons for dissenting Judgement
Decisions from Courts in Other Countries; Canada, Australia, New Zealand
5 of 5
Other cards in this set
Card 2
Front
Only binding for courts lower or a court on the same level. - Precedent set in Magistrates would not be taken into account in above courts
Facts of a previous case are sufficiently similar.
Back
Binding Precedent
Card 3
Front
Courts lower in the Hierarchy - R v R (1981)
Decisions of the Judicial Committee of the privy Council - Not part of Court Hierarchy, Many Judges Part of Supreme Court.
Back
Card 4
Front
Statements made in Obiter Dicta - R v Howe 1987.
CoA ruled that duress is not a defence to murder.
Obiter Statement - 'Duress would not be a defence to attempted murder'
Followed as a persuasive Precedent for R v Gotts (1992)
Back
Card 5
Front
Dissenting Judgement - A disagreeing Judge in CoA -> appeal to Supreme.
We agree with reasons for dissenting Judgement
Decisions from Courts in Other Countries; Canada, Australia, New Zealand
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