Necessity

Question 1

what is necessity

Answer 1

acting to prevent a worser evil from occurring

Question 2

when is necessity available?

Answer 2

extreme circumstances - not often, usually unsuccessful

R v Kitson

Question 3

what is the key test for necessity?

Answer 3

Sir James Stephen

• act avoided a greater evil
• no more than what was reasonably necessary
• evil inflicted not disproportionate to the one avoided

directed at someone that D is responsible for

Question 4

when is it often recognised?

Answer 4

in civil cases

Re F - surgery without consent as pregnancy would be life threatening
Re A - seperation surgery, would kill one but prevent death of both

Question 5

when is it available in criminal?

Answer 5

it has the same elements of duress - not available for murder

Dudley v Stephens