iscuss the two (2) questions asked by judges to determine whether or not they must follow

the decision made in an earlier case and provide two advantages of utilising precedent case

Scenario 1

One Saturday evening, David 'Evil' Keneval (38 years old) was enjoying himself at a BBQ at his neighbour's house. After a few beers 'Evil' decided to enter into a conversation with his neighbour, Jack Green. Keneval and Green began by talking about football however the conversation turned to the question of refugees. The conversation quickly became very heated as Keneval's father was a refugee and Green was a 'bogan' and extremely racist. Green finally lost his temper and yelled to Keneval "you and your lot should go back to where you came from".

Keneval then lost his temper and retaliated by smashing the top off his VB stubby bottle and struck Green once to the right side of face with the jagged edges of the broken stubby bottle. The police and an ambulance were called. Green suffered from a large laceration to his right cheek requiring 80 stitches ($1,500 in medical expenses) and was unable to return to work for two months ($8,000 lost wages). He was further devastated when his girlfriend left him due to the hideous injury to his face.

The police subsequently charged Keneval with 1 x Wounding pursuant to s.323(1) of the Criminal Code which states:

(1)A person who unlawfully wounds anyone else commits a misdemeanour.

Maximum penalty - 7 years imprisonment.