Advantages of precedent

Question 1

What are the 6 advantages?

Answer 1

1. Develops the law
2. Fair and consistent
3. Flexible
4. Time-saving
5. Certainty
6. Precision

Question 2

How does precedent develop the law?

Answer 2

Because it means the law won’t become outdated as it’s constantly being changed and added to

Question 3

What is an example of how precedent develops the law?

Answer 3

Chan Fook and Miller for ABH (OATP Act 1861 was too old)

Question 4

How is precedent fair and consistent?

Answer 4

If a decision is made in a higher court then the same decision will be applied to all future similar cases, meaning the same outcome is given for the same offence

Question 5

What is an example of precedent being fair and consistent?

Answer 5

Biological GBH (eg. Dica, Adaye and Konzane)

Question 6

How is precedent flexible?

Answer 6

It allows judges to distinguish and overrule where past precedent wouldn’t fit or to meet changing social issues

Question 7

What is an example of precedent being flexible?

Answer 7

We now owe a DOC to child trespassers due to Herrington v BRB which overruled Addie v Dunbrek

Question 8

How is precedent time-saving?

Answer 8

Less cases are appealed as the body of law is so vast and precise, meaning it saves judges’ and courts’ time and money