Precedant Cases

Question 1

An example of a case decision being reversed

Answer 1

R v Miller- crown court said it was illegal to sexually assault your wife
Court of Appeal said it wasn’t illegal to sexually assault your wife

Question 2

An example of a binding case being followed (binding precedent)

Answer 2

R v BM followed R v Brown in saying that consent was not a defence for causing body mutilation

Question 3

An example of a case being overruled

Answer 3

R v R overruled the deduction made in R v Miller saying that it was illegal to sexually assault your wife

Question 4

An example of a case being distinguished

Answer 4

R v Wilson was distinguished from R v Brown as the injuries in the case were classed as a tattoo

Question 5

Practice statement: Addie v Dumbeck/ Herrington v BRB

Answer 5

In both cases there was a hole in the fence where a victim went through and received injuries. The practice statement was used in Herrington v BRB to say that a duty of care was owed by the defendant unlike in Addie v Dumbeck

Question 6

Practice statement: Anderton v Ryan/ R v Shirpuri

Answer 6

Both cases involved an innocent act being performed with criminal intent. It was determined with the practice statement that in R v shirpuri this was illegal unlike in Anderton v Ryan

Question 7

Practice statement: Davis v Johnson/ Pepper v Hart

Answer 7

In both cases the use of Hansard was questioned. Pepper V Hart used the practice statement to say that Hansard could be used

Question 8

Practice Statement: London street tramways v London county council

Answer 8

Case that established the practise statement in 1966. It was decided it could only be used when it seems right to do so

Question 9

Court of Appeal (avoiding precedent) key case

Answer 9

Young V Bristol aeroplane- established:
Per incuriem 
Supreme Court overrules
Similar to multiple distinguished cases
(Criminal division) if law has been misapplied or misunderstood

Question 10

Persuasive precedent: obiter dicta

Answer 10

R v Howe said that duress was not a defence available for murder. R v Gotts used the obiter dicta to say duress should therefore not be available for attempted murder

Question 11

Persuasive precedent: courts in another country

Answer 11

R v Currier (Canadian case) was used in R v Dica to come to a similar decision that it was illegal to pass on aids to someone without consent

Question 12

Persuasive precedent: courts lower in the hierarchy:

Answer 12

In R v Miller the Court of Appeal reversed the Crown Court decision saying that giving someone the HIV aids without the other party giving consent falls under biological GBH

Question 13

Persuasive Precedent: privy council

Answer 13

The Wagon Mound case had the privy council comment that the defendant couldn’t predict part of the property damage he caused which the courts agreed with

Question 14

Persuasive Precedent: dissenting Judgement (judge, who disagrees with the majority, ratio decidendi)

Answer 14

Lord Denning

Question 15

Original precedent

Answer 15

A case which sets a precedent of its own R v Miller