sentencing
retribution/punishment
offence categories
deterrence
reform
rehabilitation
protection of public
reparation
denunciation
theory of retribution, deterrence, rehabilitation, reparation, denunciation and the aim of the theories and the suitable punishment
all the types of sentencing 10 a...
The source of law where past decisions of the judges create law for future
judges to follow. This source of law is known as case law.
Doctrine of precedent – following the decisions of previous cases,
especially of higher courts
Based on - ‘stare decisis’ – stand by what has been decided and do not
unsettle the established
When the materialistic facts in the previous case and the present case are
the same, the court – should follow the decision in the previous case
Treating similar cases in similar ways – promotes the idea of fairness and
provides certainty in the law
Common law – law in the English legal system is developed from custom
and the decision of judges in cases.
Judicial precedent is important in common law legal system – courts must
follow decisions of the court above in countries that operate a civil legal
system – can choose
Types of precedent –
Original precedent –
Point of law that has never been decided before, whatever the judge
decides will form a new precedent for future cases to follow. There are no
past cases for judge to base his decision on – likely to look at case that is
closest in principle – may decide to use similar rules – reasoning by
analogy
Example – Donoghue v Stevenson
- Went to a café with friend
- Friend brought beer for her
- Opaque bottle of GB after drinking some and eating some with ice
cream
- Decomposed snail emerged from bottle
- Mrs Donoghue suffered personal injury and commenced a claim
against mf
- Case established civil law of negligence and obliged
manufactures to observe a duty of care towards their
customers (paisley Scotland 1928)
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