Defences: Necessity Flashcards

1
Q

What type of defence is necessity?

A
  • Common law defence.
  • Full defence.
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2
Q

What is the result of a successful use of this defence?

A

An aquittal.

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3
Q

What is the definition of the defence of necessity?

A

D commits a crime to prevent a worse evil.

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4
Q

What were early uses of the defence?

A
  • Abortion (R v Bourne).
  • Traffic (R v Johnson).
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5
Q

What was held in R v Dudley and Stephens?

A

Not a defence for murder.

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6
Q

What did Lord Denning state?

A

Must not be used for hungry people stealing, otherwise it would open up the floodgates.

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7
Q

What was held in R v Quayle?

A

Not a defence for using cannabis as pain relief.

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8
Q

What was held in R v Buckoke?

A

Not a defence for emergency services.

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