Necessity

Question 1

what is necessity used for

Answer 1

to avoid a greater evil

Question 2

how can necesity be used as a defence

Answer 2

an absolute defence
or a mitigationg factor`

Question 3

what is the difrence between duress of circumstance and necessity

Answer 3

necessity is avalible for murder

Question 4

what does the case of Re A say

Answer 4

necessity is where there are 2 evils and the defedant picks the lesser evil

Question 5

what cases usualy use necessity

Answer 5

civil maedical cases

Question 6

give a case of murder where necessity is not accepted

Answer 6

R v Dudley + Stephens

Question 7

is the defence avaliable for the self medication of canabis + case

Answer 7

no
R v Quayle + Ors

Question 8

give 2 medical cases where the action was approved as the lesser evil

Answer 8

Re F
Re A

Question 9

give a criminal law cases where necessity was not accepted

Answer 9

R v Shayler

Question 10

what is the test for necessity

Answer 10

1-an act must be done only to prevent an act of greater evil
2- (for doc) the evil must be directed at d or a preson they are responcible for
3-the act must be reasonable and preportional to the evil avoided