obiter dicta Flashcards
1
Q
What is obiter dicta?
A
means “other things said”. It is the rest of the judgement apart from the ratio decidendi
2
Q
How is it different from ratio decidendi?
A
Because it isn’t binding
3
Q
What things are often speculated in the obiter dicta?
A
what decisions may have been made had the facts been different
4
Q
What are the 2 cases?
A
R v Howe
R v Gotts
5
Q
R v Howe
A
F- DD murdered 2 men under Murray’s orders
R- Duress can’t be used for murder
6
Q
R v Gotts
A
F- D stabbed mam after dad threatened to shoot him
R- Duress can’t be used for attempted murder
