Retrospective Principle Flashcards
Definition
“Legislation which operates on matters taking place before its enactment”
Brand new precedent of law e.g. at the time of the first marital rape case there was no law set so D goes in thinking there will be no charge. (R v R)
Strict principle of Stare Decisis
Standing by decisions - judges in common law are reluctant to create new law.
(R v Cunningham) - Supreme Court refused to overrule
(R v Vickers) - intention to GBH could provide MR for murder
Law in relation to trespass
(Herrington v British Railway) overruled (Addi v Dumbreck) - duty of care was held to trespassers.
Statute Law
Rare for law to be retrospective - leading to criminal prosecutions against individuals for activities they have been involved in that had not been covered by existing laws.
