Defences - Necessity

Question 1

distinguish the defence of Necessity from Duress

Answer 1

The defense of duress applies when another person threatens imminent harm if defendant did not act to commit the crime. The defense of necessity applies when defendant is forced by natural circumstances to choose between two evils, and the criminal act is the lesser evil.

Question 2

Re. A (Children) 2020

Answer 2

Accepted defence for murder case.

-> Conjoined twin case, was necessary to save

Question 3

other considerations:

Answer 3

Doctors can accelerate death in proper treatment to relieve pain, for example, strong medication -> No euthanasia!
Trial of Dr. David Moor (1999)

Duty of care
Necessity may impose a duty to act to the detriment of others.
Securing a ship, some of the crew died in the course of the events while others where saved.
HMAS Westeralia