Neccesity

Question 1

is necessity a full defence

Answer 1

YES

Question 2

what is the defence of necessity

Answer 2

where the defendant committed a crime to avoid greater evil

Question 3

R V Dudley and stephens

Answer 3

three sailor and cabin boys, shipwrecked, killed cabin boy and ate him , charged with murder, no defence of neccesity

Question 4

R v ministry of justice

Answer 4

suffered with locked in syndrome, sought court rule that doctors woudnt be sued, defence not available

Question 5

R v A

Answer 5

seperared conjoined twins, held defence of neccesity

Question 6

what three points did R v A establish

Answer 6

1) act needed to avoid inevitable/irreparable evil
2) no more was done than responsibly necessary
3) evil inflicted was not disproportionate to evil avoided

Question 7

what were the following two points

Answer 7

4) situation must not have arisen from human threat
5) evil must be directed towards D or person for whom they had responsibility for