Necessity

Question 1

Origin

Answer 1

R v Dudley and Stephens: killed boy for food
-circumstance forces a person to act to prevent a worse evil occurring
-complete defence if there is one

Question 2

Elements

Answer 2

-denial of necessity
-recognition of necessity

Question 3

Denial of necessity

Answer 3

-South work London borough council v Williams: take firm stand/homeless with kids so squatted in flat
-R v Shayler: M15/official secrets

Question 4

Recognition of necessity

Answer 4

-Re F mental patient sterilisation 1990: metal age 4
-Re A conjoined twins 2000

Question 5

Criteria developed

Answer 5

-act done to avoid consequence
-if consequences happened would be inevitable and irreparable evil
-no more was done than reasonably necessary
-evil inflicted not disproportionate to evil avoided