Defences: Necessity Flashcards
1
Q
What type of defence is necessity?
A
- Common law defence.
- Full defence.
2
Q
What is the result of a successful use of this defence?
A
An aquittal.
3
Q
What is the definition of the defence of necessity?
A
D commits a crime to prevent a worse evil.
4
Q
What were early uses of the defence?
A
- Abortion (R v Bourne).
- Traffic (R v Johnson).
5
Q
What was held in R v Dudley and Stephens?
A
Not a defence for murder.
6
Q
What did Lord Denning state?
A
Must not be used for hungry people stealing, otherwise it would open up the floodgates.
7
Q
What was held in R v Quayle?
A
Not a defence for using cannabis as pain relief.
8
Q
What was held in R v Buckoke?
A
Not a defence for emergency services.
