Diplock LJ said: ‘In its criminal jurisdiction, which it has inherited from the Court of Criminal Appeal, the Court of Appeal does not apply the doctrine of stare decisis with the same rigidity as in its civil jurisdiction. If upon due consideration we were to be of opinion that the law had been either misapplied or misunderstood in an earlier decision of this court or its predecessor, the Court of Criminal Appeal, we should be entitled to depart from the view as to the law expressed in the earlier decision notwithstanding that the case could not be brought within any of the exceptions laid down in Young v Bristol Aeroplane Co Ltd as justifying the Court of Appeal in refusing to follow one of its own decisions in a civil case (Rex v Taylor). A fortiori, we are bound to give effect to the law as we think it is if the previous decision to the contrary effect is one of which the ratio decidendi conflicts with that of other decisions of this court or its predecessors of co-ordinate jurisdiction.’
References: [1968] 2 QB 65
Judges: Diplock LJ
Jurisdiction: England and Wales
This case cites:
- Cited – Young v The Bristol Aeroplane Co Ltd CA 28-Jul-1944 ([1944] KB 718, , 60 TLR 536, [1944] 2 All ER 293, , (1945) 78 Ll L Rep 6, , [1944] EWCA Civ 1)
The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers.
Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered . .
This case is cited by:
- Cited – Regina v Merriman CACD 1973 ([1973] AC 584)
Although the criminal division of the Court of Appeal is not so strictly bound by its own previous decisions as is the civil division, its liberty to depart from precedent which it is convinced was erroneous is restricted to cases where the . . - Cited – Simpson v Regina CACD 23-May-2003 ([2003] EWCA Crim 1499, Times 26-May-03, Gazette 10-Jul-03, [2004] QB 118, [2003] 3 WLR 337, [2003] Cr App R 36, , [2004] 1 Cr App R (S) 24, [2003] 2 Cr App R 36, [2003] 3 All ER 531)
The appellant challenged a confiscation order. It was argued that one could not be made unless a proper notice had been given, and none of the offences occurred before 1995. On the assumption that section 1 of the 1995 Act was not in force, did the . . - Cited – Regina v Morgan HL 30-Apr-1975 ([1976] AC 182, [1975] 1 All ER 8, , [1975] UKHL 3)
The defendants appealed against their convictions for rape, denying mens rea and asserting a belief (even if mistaken) that the victim had consented.
Held: For a defence of mistake to succeed, the mistake must have been honestly made and need . .
These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.182383
