Judicial Precedent

R v Howe (Ratio Decidendi)

R v Howe (Ratio Decidendi)

Duress is not a defence to murder.

R v Howe (Obiter Dicta)

Duress is not a defence to attempted murder.

R v Gotts (Obiter Dicta)

Duress is not a defence to attempted murder like in R v Howe.

Donoghue v Stevenson (Original)

Court created a brand new tort of negligence.

Grant v Australian Knitting Mills (Binding)

About the same point of law as Donoghue v Stevenson so must be followed.

R v R (Persuasive)

Choose to follow but do not have to.

R v Howe (Persuasive)

Duress is not a defence to attempted murder.

R v Gotts (Persuasive)

Duress is not a defence to attempted murder.

Wagon Mound (Persuasive)

Privy Council decided the remoteness test for negligence.

R v Betham (Persuasive)

UK case followed Canadian case R v Sloan about possession of firearms.

Rose and Frank v Crompton Bros (Persuasive)

Dissenting judgement is not binding.

R v Shivpuri

Overruled Anderton v Ryan by making it a crime to attempt to do the impossible.

Jones v SoSSS

Prefer to keep the law certain.

Merritt v Merritt

Distinguished from Balfour v Balfour.

R v Hasan

HoL reversed that self-induced duress was only when D knew what type of crime he would be forced to commit.

Young v BAC

If there are conflicting decisions in past CoA cases, then the court can choose which decision it will reject, if SC make a decision that goes against the COA’s precedent they are bound to follow higher court’s decision rather than their own, and if the decision is made ‘per incuriam’ (by mistake).

R v Taylor

Law has been misapplied or misunderstood in the criminal division.