... with learning difficulties ran away from home and settled for the night in a shed. C found some paraffin and matches and started a fire with the intention of keeping warm. Inevitably the shed burned down, and C was charged with criminal damage. Upon the prosecution's appeal, C was charged. Goff L.J. expressed his dissatisfaction with the decision, saying, "I believe myself constrained to do so by authority... unhappiness about the conclusion which I feel compelled to reach". Despite the fact that C was a child with learning difficulties, the 'higher judiciary' in this case apparently felt bound by R. v Caldwell4. In conclusion one could claim that on the basis of the decision reached in Elliott v C5, the courts do sometimes feel bound by precedent. Statutory interpretation refers to the way judges analyse relevant statutes. For example, when words within a particular statute are looked at, do we ...

See this essay or coursework document in full right now