Distinguishing as a method of avoiding precedent A01

Question 1

define distinguishing

Answer 1

when a judge finds the material facts of the case under consideration are sufficiently different from a previous precedent

Question 2

what is the impact of distinguishing

Answer 2

-if material facts of a case are significantly different, the judge is able to draw a distinction and will not be bound by the previous precedent

Question 3

what does distinguishing allow judges to do

Answer 3

allows a judge to avoid following a precedent they would otherwise be bound to

Question 4

what does distinguishing create

Answer 4

a second binding precedent

Question 5

what is the impact of distinguishing on the previous precedent

Answer 5

previous precedent still remains binding in cases of similar facts

Question 6

case example of distinguishing

Answer 6

R v Wilson → the court distinguishing the facts of R v Brown where sexual acts were not a defence to ABH or GBH, and said that in this case branding was more similar to an act of tattooing and therefore was an exception to consent