Judicial Precedent: CoA overruling itself

Question 1

Who is the CoA bound by?

Answer 1

SC and own decisions

Question 2

What two divisions don’t bind each other?

Answer 2

Criminal division
Civil division

Question 3

Which case outlines the exceptions of the CoA?

Answer 3

Young v Bristol Aeroplane

Question 4

What are the exceptions?

Answer 4

2 conflicting CoA decisions - pick one and overrule the other
CoA decision conflicts with SC/HOL decision - follow SC not CoA
CoA decision was made per incurium (in error) - Don’t follow it, make new precedent

Question 5

What is the 4th exception only for the criminal division?

Answer 5

As a person’s liberty is at stake, need more freedom.
CoA able to refuse having to follow one of its previous decisions if law had been misapplied or misunderstood

Question 6

What did R v Gould state?

Answer 6

Person’s liberty at state so able to refuse

Question 7

What are the other powers of the CoA?

Answer 7

Can hear appeals from lower courts
Consider referrals from Attorney General on POL and lenient sentences