Give two reasons why the ratio decidendi of a case is sometimes difficult to determine. Use case law to illustrate your reasons. (4 Marks)

First, judgments are often written in a complex, discursive fashion. It can be difficult to determine the main point that a judge is trying to make. In Woollin, it is unclear from the leading judgement whether foresight of virtually certain death or serious injury supplies the mens rea of murder, or is merely evidential.
Second, there may be several judgments, agreeing with one another, but using different reasoning to come to this conclusion. An example of this is DPP v Majewski, in which Lord Elwyn-Jones seems to suggest that voluntary intoxication can supply the mens rea for crimes of basic intent, but this idea is not present in Lord Simon's reasoning.