KEY DOP/S.I Cases

Question 1

What did Willers and Joyce establish?

Answer 1

Doctrine of precedent / authority of procedure

Decisions on points of law by more senior courts have to be accepted by lower courts

Otherwise law is chaotic and anarchic

Question 2

Young v Bristol aeroplane

1944

Answer 2

When court can depart from precedent

Question 3

3 times COA can depart

Answer 3

1) two conflicting decisions of its own - pick one
2) conflict w SC/HOL - follows theirs
3) per incuriam - relevant act not considered

Question 4

Heydons case 1584

Answer 4

MISCHIEF RULE for

Question 5

What can you do following heydons case

Answer 5

Look at law before the statute was passed

Discover what mischief statute intended to cover

Justified going beyond wording / literal rule

Question 6

jogee 2016

Answer 6

JOINT ENTEPRRISE

Question 7

Explain Jogee 2016

Answer 7

Joint enterprise has wrongfully been applied for 30 years (SC)

Question 8

Post jogee

Answer 8

Being an accessory needed to encourage / assist and INTEND to do so

Question 9

Pepper v hart 1992

Answer 9

Hansard

Purposive

Question 10

What year was pepper v hart

Answer 10

1992

Question 11

Value of pepper v hart

Answer 11

Consult extraneous sources

Reveal background against legislation was introduced

No longer just use literal rule