Judgements (Obiter dicta and Ratio decidendi

• shows why the case had that outcome and is directly relevant to that case

• difficult to find

• forms precedent

• Sir rupert Cross defined it as "any rule expreslly/impliedly treated by the judge as a necessary step in reading the conclusion".

R v Howe: D was guilty of murder because the defence of duress is not a defence to murder

Donoghue v Stevenson: neighbour principle

Both cases are an original precedent which means the point of law had not been decide before 

• not crucila to the case

• judges discuss what th eoutcome would have been if the facts of the case haad been different

R v Howe: duress wouldn't be a defence for attempted murder (R v Cotts)

Brown & Others: consent unlikley to be defence to ritual circumcision