Necessity

Question 1

1. The Defence of Necessity may apply…

Answer 1

The Defence of Necessity may apply, where circumstances force a person to act in order to prevent a greater evil from happening.

Here [eg. D killed X because X was going to kill a whole group of people].

Question 2

2. Necessity was first considered by the courts in…

Answer 2

Necessity was first considered by the courts in Dudley and Stephens, and in modern cases such as Re F and Re A.

Question 3

2. Necessity is very similar to…

Answer 3

Necessity is very similar to duress by circumstances, however it can be a defence to murder or attempted murder. The emergency services cannot rely on it.

Here [eg. necessity can apply because D has committed the offence of……….].

Question 4

4. The Evil inflicted must be reasonable…

Answer 4

The Evil inflicted must be reasonable and proportionate compared to the evil avoided.

Here [eg. D killing X was reasonable and proportionate compared to the evil avoided as X was about to kill many others].

Question 5

5. The Evil avoided must be…

Answer 5

The Evil avoided must be inevitable.

Here [eg. it was inevitable that X was going to kill the others].

Question 6

6. The Evil avoided would cause…

Answer 6

The Evil avoided would cause irreparable harm.

Here [eg. the death of the others was obviously irreparable harm].

Question 7

7. The Evil avoided must have been directed at the…

Answer 7

The Evil avoided must have been directed at the defendant or someone he is responsible for.

Here [eg. the threat of death was clearly directed at D’s wife].

Question 8

8. To Conclude…

Answer 8

To conclude, the defence of necessity may apply, so D will be found not guilty.