Cases in Judicial Precedent

The Supreme Court agreed with the decision of the Court of Appeal and decided a man could be found guilty of raping his wife - This is an example of persuasive precedent because a court higher in the hierarchy followed a lower courts decision.

• The Court of Appeal held that when defence of provocation was raised,  a person should be judged according to the ordinary person's powers of self control.
• Decisions of the Judicial Committee of the Privy Council

A use of distinguishing between two cases, which appear to be similar but can be distinguished because the facts of the cases are different.

Lords expressed it was bound to follow its own decisions unless they had been made per incuriam by not following the relevant act of Parliament correctly.

First use of the practice statement in Criminal Law.

The Lords first major use of the Practice Statement

• The decision that the government could apply 'public interest immunity' and therefore avoid disclosing certain documents in a court case. This was overruled by the Lords in Conway v Rimmer when this immunity was removed from the government. 
• This was the first ever use of the Practice Statement by the Lords.

When the Liberty of a person is at stake then the C.O.A (Criminal Division) may choose not to follow one of it's earlier decisions.

The Criminal divsion of the C.O.A could depart from its previous decision where the law has been 'misapplied or misunderstood'.

• The Lords accepted the C.O.A's findings in the case but made it clear that the court of Appeal could not extend the exceptions to the rule in Young v Bristol Aeroplane Company Ltd (1944). 
• They said any relaxation on the rules of stare decisis would lead to a mass of conflicting decisions, uncertainty and confusion.

The finding of a decomposed snail in a bottle of cider which resulted in the rule of Negligence (firstly only persuasive precedent) being created.

• Where the 3 General Rules for the Court of Appeal and Precedent were emphasised.
• This case also established the 3 exceptions meaning that in some situations the Divisions Of the C.O.A are not bound by one of their earlier decisions.

• Decisions of Courts in other countries are used as persuasive precedent. 
• Case him having unprotected sex knowing he had HIV being the equivalent to ABH