Explain what is meant by the ratio decidendi and obiter dicta of a judgement.

When giving a judgement in a case, the judge will state the ratio decidendi for the decision and often give an obita dicta statement. This is in the interest of establishing a precedent and allowing future cases to be able to rely on the precedent set in the current case and interpret it with ease. Firstly, a ratio decidendi of a judgement is the 'reason for the decision' made in a case. It is defined by Sir Rupert Cross as "Any rule expressly or impliedly treated by the judge as a necessary step in reaching his conclusion." The ratio decidendi of a judgement is often looked at when deciding if a party can rely on the judgement for precedent in future cases. Therefore it is an important part of a judgement in the interests of this and is the potentially binding part of a judgement. Obiter dicta literally translates to 'things said in passing'. It is a statement made by a judge after the ratio decidendi has been decided, stating how he or she would have decided a case if the material facts were slightly different to the ones present. This creates a persuasive precedent for future cases. If a case has similar facts to those mentioned in the obiter dicta of a past case, the courts may choose to follow the statements made and decide the present case the same way as mentioned in the previous obiter dicta. For example, in R v Howe, the obiter dicta established was that duress could not be a defence for murder. Then later in R v Gotts, where a boy killed his mother due to his father threatening to kill him if he did not kill her, the precedent of the obiter dicta from R v Howe was followed and the boy was charged and unable to have the defence of duress.