Necessity

Question 1

what is ‘necessity’?

Answer 1

D isn’t threatened but chooses to intervene in order to prevent the greater evil. It is not generally available as a defence, except for some medical cases.

Question 2

what is the 3 part test for ‘necessity’?

Answer 2

1. Was it to prevent a greater evil?
2. Were their actions reasonable and proportionate?
3. Can they identify the victim?

Question 3

what 3 case examples can be used for ‘necessity’?

Answer 3

Dudley & Stevens - Stranded at sea and ate the weakest people. When back at land, defence not claimed as they could’ve stayed alive other ways. Guilty of murder.
Re A - 2 conjoined twins were born. The doctor had to kill one to save the other or they would both die. Defence claimed.
Shayler - MI5 agent signed official secrets act. Told info to 30 journalists that was protected info. No defence claimed as that was not the lesser of two evils and there is no victim.

Question 4

what is the defence of necessity?

Answer 4

D is choosing to intervene in order to prevent the greater evil from occurring.

Question 5

what is the three part test?

Answer 5

1. was it to prevent a greater evil?
2. were their actions reasonable and proportionate?
3. can they identify a victim?

Question 6

what are the 3 case examples used for defence of necessity?

Answer 6

Dudley and Stevens - stranded at sea and are weakest people. no defence.
Re A - doctor killed one conjoined twin to save other. defence claimed.
Shayler - MI5 agent signed official secrets act but told info to 30 journalists. no defence claimed.