WA simple Precedents Question

[David R]

My Question regards creating Precedents.
If the Prosecution brings the Charge and the Jury delivers the verdict how is it considered the Judge that has created the New precedent?
I understand in examples like R v Manley 1933 and Donoghue v Stevenson 1932 because these were appeals.
Regards
David R

 

[Tim W]

Are you a law student, or an accused here?

Either way, start by looking up "precedent" in an Australian Legal Dictionary.
Then please feel free to ask more questions.

 

[David R]

Student. I passed year 12 legal studies, however in 1979. Life interfered. Now I'm back reading what textbooks I can find because I love the subject.
Including my original. None of which address my question, of course.
I am waiting for the shops to open to see if I can pick up a copy of Australian Legal Dictionary.

 

[thomas3040]

Interesting question. I sometimes wonder similar questions, whether judges even do much work since everything is brought to them and they may not even make the decision as you mention but then again, that is not in every case. Judges can dismiss juries and decide the outcome for themselves.
I sat a criminal law exam this week and the first question, worth 10 marks, was, 'when can a judge dismiss a jury' which I didn't even study for so unsure myself.
Judges must remain unbiased and fair so can make decisions as to what sentence is given, taking into account the charges and jury findings but also using their case law and legislation research.