Persuasive Precedent Flashcards
What is a persuasive precedent?
A precedent which the court will consider and may be persuaded by, but which does not have to be followed.
A persuasive precedent can come front what kind of courts?
Courts lower in the hierarchy than the court hearing the appeal e.g. in R V R the Supreme Court were persuaded to follow the same reasoning as the Court of Appeal that a man could be guilty of raping his wife.
A persuasive precedent can come from what type of statements?
Those made in obiter dicta e.g. in R V HOWE that duress could not be a defence to attempted murder which was later followed in R V GOTTS.
An example is a dissenting judgement, what is this?
When a case has been decided by a majority, the judge who disagreed will have explained his/her reasons- this will form a persuasive precedent.
