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Originally Posted by fmc351
No precedent, its a Magistrate. Any Magistrate can find otherwise in another case, including this Magistrate. It may be used in argument, it can guide, but there is no requirement on courts to follow it, it would be different if a higher court decided the case. It gets sticjy here though, if the lower courts think the higher court got it wrong, and they know other higher court judges agree with them, they sometimes push the boundaries and deliberately go against the precedent to force a higher court to overturn the 'bad' law set in precedent. Its more complex, but that the crux of it.
The Magistrates words would need to be put into perspective of the whole. Its a smippet of the facts, who knows what we're missing.
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Thanks, makes it a bit clearer.
It is very true, what is missing?