Question: Case Analysis:
Read Regina v Rogers  UKHL 8, and answer the following questions:
1. What, in your own words, is the ratio decidendi of the case?
2. How did the House of Lords reach its decision in the case?
3. Do you find the House of Lords’ decision to be convincing? Give reasons for your answer.
Answer: The majority reasoned that ‘foreigners’ constituted a racial group and that a broad definition is taken here to define the meaning of it. It is suggested that the definition goes beyond the criteria of colour, race or ethnic origin, by which it takes into account both nationality and national origins. Moreover, the use of racially aggravated abusive or insulting words or behaviours has manifested animosity which shows discrimination based on membership of a racial group which violated section 31 (I)(a) of the Crime and Disorder Act 1998. The majority of the House of Lords agreed with the sole opinion given by Lady Hale and dismissed the appeal. Her ladyship started the speech by defining the issue of whether using the words ‘bloody foreigners’ and ‘go back to your own cou......(short extract)
Details: - Mark: Not available | Course: Criminal Law | Year: 1st | Words: 825 | References: No | Date written: November, 2008 | Date submitted: January 16, 2012 | Coursework ID: 714