Judical Precdent Flashcards
Ratio decedendi
Legal reasoning for the decision
Case that goes with ratio decidendi
R v bentham
R v Bentham
Man robbed his former employer. He held his hands inside of his jacket and gave the impression he was holding a gun. He was convicted and on appeal the court had to decide if he was guilty of possessing an imitation firearm. They decided he couldn’t because Lord Bingham said ‘one can’t possess something that’s separate and distinct from ones self’ this is the legal reasoning, Bentham won his appeal
Obiter dicta
Other things said once the ratio has been decided
Case To go with obiter
Donoghue v Stevenson
Cases that go with obiter (following)
R v Howe
Obiter followed by r v gotts
R v Howe
Murder case. The obiter was ‘the defence of duress should not be available for people who attempt murder’
R v gotts
Followed the obiter in r v Howe
16 year old ordered by his dad to kill his mam otherwise he’d shoot him. He pleaded guilty and appealed the judges, appeal was dismissed and conviction upheld
Privy council
Doesn’t bind any court however because senior judges sit in the privy council some of their decisions made are very persuasive and so are followed
Cases that go with privy council
Attorney general for jersey v holley
R v smith
R v James and karimi
Attorney general for jersey v Holley
Both alcoholics and violent . He had been in prison for violence and she didn’t want to be with him when he got out. They till lived together it argued a lot. She admitted she slept with someone else and he killed her with an axe. He tried to rely on his alcoholism and depression. But jury convicted him of murder. He appealed to court of appeal who quashed the conviction and ordered a retrain he then got convicted of manslaughter
R v smith
Murder
Took into account his mental illnesses
