Necessity Flashcards

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1
Q

What case first established necessity

A

Dudley and Stephens

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2
Q

What crime is necessity not allowed for

A

Murder

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3
Q

What case created the 3 parts that must succeed in order for necessity to stand

A

Shayler

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4
Q

What are the 3 parts set out in Shayler

A

i) the act is needed to avoid inevitable and irreparable evil;
(ii) no more should be done than is reasonably necessary for the purpose
to be achieved;
(iii) the evil inflicted must not be disproportionate

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