Necessity

Question 1

What was the case of R v Dudley & Stephens 1884 suggest ? (sailors , death)

Answer 1

• The youngest crewmate out of the three that were in the shipwreck had been chosen to be killed as the 17 yr old was already dying.
• The sailor were soon rescued after the killing .

Question 2

What was the result of the case and what does the R v Dudley & Stephens case mark ?

Answer 2

• The claim of necessity was rejected and the two other crewmates were convicted of murder.
• There was always a possibility of rescues - death wasn’t certain

Question 3

What was the case of Southwark London Borough v Williams ?

Answer 3

• The defendants were in need of housing as they were forced to leave

Question 4

What was the result of the case and what does the Southwark London Borough v Williams mark ?

Answer 4

• Homelessness was not an accepted reason for squatting and this was as a result of it if carried through would change the whole law on homelessness.

Question 5

What was the case of Quayle 2005 ?

Answer 5

• 5 people with medical conditions were convicted for the possession of cannabis as they tried to explain that the plant and the use of it was for their pains relief.

Question 6

What was the result of the case and what doe the case of Quayle 2005 mark ?

Answer 6

• Individuals were unable to self prescribe as doctors aren’t even allowed to prescribe this drug
• Neither the defence of necessity nor duress of circumstances was applicable

Question 7

What was the case of RE A (Conjoined twins)

Answer 7

• Mary and Jodie were conjoined twins joined at the pelvis.
  Jodie was stronger one and was capable of living independently. Mary however wasn’t and was dependent of Jodie on survive.
• If they were left together Mary would eventually been too strained an so instead of them both dying the NHS wanted to seperate them.
• The parents refuse consent for this surgery

Question 8

What was the result of the case RE A (Conjoined twins) and did it restrict the NHS or not ?

Answer 8

• the judge gave the doctors the right to operate under this defence of necessity ?
• This is due to the fact that the act was done in order to avoid consequences which could otherwise be avoided.
  ALso no more was done that necessary

Question 9

What does the defence of necessity mean ? (three points)

Answer 9

• This means that there was no alternative to committing the crimes
• there is no need for a threat of harm
• It can be used for any offence - even murder

Question 10

What are the three rules applied to decide if necessity can be used ?

Answer 10

• The act is needed to avoid inevitable and irreparable evil
• No more should be done than is reasonably necessary for the purpose to be achieved
• The evil inflicted must not be disproportionate to the evil avoided

Question 11

What to write about In the AO2 application ?

Answer 11

1, If there are 2 or more people to discuss, state which one you will discuss first

2, State the offence which necessity will be used for (and briefly why it is this offence in question)

3, Apply the three rules to the defendant / offence in question

4, Would there be any unwanted results if we applied necessity? Such as a change in the law ?

5, Final Conclusion - can it apply ?