Duress - Necessity Flashcards
1
Q
Definition
A
D finds himself in circumstances which force him to act in order to prevent a worse evil from occurring (Dudley & Stevens)
2
Q
Can it apply to murder?
A
(Re A) defence of necessity considered, even to a potential charge of murder
3
Q
Shayla’s criteria
A
a. Prevent a greater evil
b. Evil must be directed towards D / person they are responsible for
c. Act must be reasonable and proportionate to the evil avoided
4
Q
Conclusion
A
D will succeed / fail using the defence of duress by necessity
