Duress of necessity

Question 1

Duress of necessity

Answer 1

There must be a circumstance which forces a person to act in order to prevent a worse outcome

Question 2

How do courts perceive this defence

Answer 2

Courts reluctant to recognise necessity as a defence in its own right

Question 3

Where has it been recognised

Answer 3

Re F 1990 - sterilisation of disabled pregnant patient as birth would be very difficult
Re A 2000 - Conjoined twins, one dies, doctor wanted a defence even for murder

Question 4

Where did necessity come from

Answer 4

First arose in case of R v Dudley and Stephens, eating a person to survive and had been charged with murder