Necessity

Question 1

What was the first case to plead necessity?

Answer 1

R v. Dudley and Stephens - eating cabin boy at sea.

Question 2

Which case outlined the test for necessity?

Answer 2

Re. A - splitting conjoined twins.

Question 3

What is the test for necessity?

Answer 3

1) The act was necessary to avoid an unwanted evil
2) The act did not go beyond what was necessary
3) The act was not disproportionate to the evil avoided.

Question 4

What did R v. Quayle and others and R v. Altham decide?

Answer 4

Necessity cannot be used to justify possession of cannabis for pain relief.