Duress by necessity - general defences

Question 1

what is necessity?

Answer 1

A circumstance which forces a person to act in order to prevent a worse evil occurring

R V Dudley V Stephens

Question 2

What is the recognition in civil cases?

Answer 2

The defence has been successfully been used more successfully in civil cases but this is problematic solutions to these situations

Re F

Question 3

How is it a defence in criminal law?

Answer 3

It was successfully used the defence of RE A this held that the defence may be available to murder through this case has largely been confined to its facts

Question 4

What is the test for necessity?

Answer 4

1. the act must be done to prevent greater evil
2. the evil must be directed towards the D or another person whom they are responsible for
3. the act must be evil and proportionate to the evil avoided

R V Shayler