Duress By Necessity

Question 1

Define (R v Dudley & Stephens)

Answer 1

Can only be used where there must be circumstances which force a person to act in order to prevent a worse evil from occurring

Question 2

(R e A)

Answer 2

Can be defense for murder

Question 3

Shaylar criteria

Answer 3

A. The act must be done only in order to prevent an act of greater evil
B. The evil must be directed to D/ responsible (moral also)
C. The act must be reasonable and proportionate to the evil avoided