general defences- necessity Flashcards
1
Q
Necessity is
A
a defence used for a person who has committed an offence in order to prevent a greater evil. Emergency services cannot use this defence
2
Q
Was first defined in
A
Dudley v Stephens and later in Re F and Re A
3
Q
how is it different from durress by circumstances
A
it can be used for murder and attemptged murder
4
Q
first rule
A
the evil committed must be reasonable and proportionate to the evil avoided
5
Q
second rule
A
the evil avoided must have been inevitable
6
Q
third rule
A
the evil avoided would have caused irreprable harm
7
Q
fourth rule
A
the evil avoided must have been directed at the defendant or someone he is responsible for
8
Q
if relevant
A
dfeence cannot be used for cases regarding self-medicatio and cannabis (quayle)
