Necessity Flashcards
1
Q
What case first established necessity
A
Dudley and Stephens
2
Q
What crime is necessity not allowed for
A
Murder
3
Q
What case created the 3 parts that must succeed in order for necessity to stand
A
Shayler
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