Judicial precedent – Law Essay Example

ting outcome appears harsh or unjust. This is exemplified by the House of Lords' decision in Caldwell, which was binding on the Divisional court's ruling in Elliot v C.

The part of the judgment that is not binding is called obiter dicta, which means "thing said by the way." It often includes hypothetical examples and does not create a precedent that lower courts must follow. However, it can be a persuasive precedent. In the case of Howe, the ratio decidendi stated that duress cannot be used as a defense to murder. Additionally, the judge made an obiter dicta comment, stating that duress also cannot be used as a defense to attempted murder. In the case of Gotts, this obiter dicta was used as a persuasive precedent, resulting in the establishment of a law that duress cannot be used as a defense to attempted murder.