GD - Duress By Neccessity

Question 1

Duress by necessity

Answer 1

D finds himself in circumstances which force him to act in order to prevent a worse evil from occurring (Dudley & Steven’s). Defence of necessity considered, even to a potential charge of murder (Re A).

Question 2

Shaylar criteria

Answer 2

A. Prevent 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