1. R v R (1991) An example of a persuasive precedent.
The defendant was living apart from his wife when he forced his way into her parents’ home and raped her.
At the time of this case, there was a 250-year-old immunity from criminal liability for rape within marriage. It was thought that a wife was deemed to have given her consent irrevocably, but this was no longer appropriate.
The defendant was found guilty of raping his wife because they were living in separate homes at the time of the incident. The judges followed a precedent that was previously set by a lower court. Making the decision from the lower court, a persuasive precedent.