Necessity

Question 1

what is necessity (with the two types)

Answer 1

Someone has committed an offence because there are circumstances that they think pose seriously risk of harm to themselves or another

Necessity proper = justification
* Aka. Lesser evils

Necessity of circumstances = excuse

Question 2

K drunk driving home hit a car and didn’t stop cause he thought he would cop a hiding (sets out steps)

Answer 2

Kapiti
Can only argue duress of circumstances when it comes from a non-human source. His case should be under compulsion.

• a belief [subj] formed on r[obj]easonable grounds,
  of imminent peril of death or serious injury; in
• circumstances in which the D had no realistic choice but to break the law; and
  breach of the law proportionate to the peril involved (objective inquiry: a reasonable sober person sharing same characteristics of D would have responded in the same manner-eg age, sex);
• Nexus (connection) between the imminent peril of death or serious injury & choice to respond by unlawful means; (R v Hutchinson)

Question 3

K had been beaten up at marae while drinking, drunk drove to hospital

Answer 3

Kawiti
Considered her injured to be a threat which was non-human. Acquitted

Question 4

H angered by use of 1080, broke into where the pellets were being held and poured petrol over them making them unusable

Answer 4

Hutchinson
No nexus between the threat and a need to break the law – his will was not overborne – were lawful alternatives – eg could seek judicial review of resource consent to use 1080;

Question 5

L deflated satellite dome because he believed it was being used to communicate attacks on civilians

Answer 5

Leason
There is a reasonableness requirement. Could not establish imminent peril existed – or if criminal act would impact on supposed peril; Could not establish illegal acts were proportionate to threat/peril;

Question 6

at party with friend when friend got stabbed with bottle in face - drunk drove him to the hospital

Answer 6

Coll
Was faced with situation which he believed were life threatening, sober person would think the same. Acquitted

Question 7

Necessity Proper

Answer 7

Re A (conjoined twins where if they were not separated both would die and if they were separated one would die)

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 to the evil avoided;