Necessity Flashcards
When will the defence of necessity apply?
When the defendant committed a crime to avoid a greater evil
What are 2 case examples for necessity?
R vs Dudley and Stephens
R (Nicklinson) vs Ministry of Justice
What is the POL from R vs Dudley and Stephens?
On a deserted island, 3 sailors ate the cabin boy in order to survive. Necessity was allowed to defend against their charge of murder
What is the POL from R (Nicklinson) vs Ministry of Justice?
The defence of necessity was not granted to anyone that assisted Tony Nicklinson in dying, even though he had locked in syndrome
What case outlines the first 3 points that have to be met for necessity to be a valid defence?
Re A
What are the 3 points outlined in Re A?
- The act was needed to avoid inevitable and irreparable evil
- No more was done that was reasonably necessary for the purpose to be achieved
- The evil inflicted was not disproportionate to the evil avoided
What case outlines the 4th point that has to be met?
R vs Quayle
What is the 4th point outlined in R vs Quayle?
The situation must not have arisen from a human threat as this would fall under the defence of duress
What was the situation in R vs Quayle?
The defence was held not to be available for the medical use of cannabis
What case outlines the 5th point that has to be met?
R vs Shayler
What is 5th point outlined in R vs Shayler?
The evil must be directed towards the defendant or a person or persons for whom he or she had responsibility for
What was the situation in R vs Shayler?
He was unable to plead the defence as he was unable to identify those numbers of the public who would be at risk
