What was significant about the case of R v Faqir Mohammed?
A) In this case, the JCPC overruled the previous House of Lords decision in Smith.
B) In this case, the Court of Appeal decided to follow the JCPC's decision in Jersey v Holley instead of the House of Lords decision in Smith, overcoming the strict rules of stare decisis.
C) The Court of Appeal decided not to follow its own previous decision in Jersey v Holley.
D) The House of Lords decided that Smith was the correct authority rather than the JCPC's decision in Jersey v Holley.

Question

Quizplus · Accepted Answer

The significance of R v Faqir Mohammed lies in the Court of Appeal's decision to follow the Judicial Committee of the Privy Council's (JCPC) decision in Jersey v Holley over the House of Lords decision in Smith, demonstrating a rare instance where the strict rules of stare decisis (the legal principle of determining points in litigation according to precedent) were not followed. This case highlighted the complex relationship between decisions made by the JCPC and those made by the House of Lords, especially when it comes to their applicability and authority in the UK legal system.

What Was Significant About the Case of R V Faqir