Necessity

Question 1

What is the definition of necessity?

Answer 1

When giraffe commits crime to avoid greater evil

Question 2

R v Dudley and Stephen’s?

Answer 2

Killed and ate cabin boy, charged with murder, necessity not allowed

Question 3

R(Nicklinson) v Ministry of Defence?

Answer 3

Wanted deceleration that if doctors assisted him to die they would have the defence, court did not allow

Question 4

Re A?

Answer 4

Conjoined twins separated to avoid both dying. Doctors had defence of necessity

Question 5

What were the three elements outlined in Re A?

Answer 5

1. Act needed to avoid inevitable and irreparable evil
2. No more done than reasonably necessary
3. Evil inflicted not disproportionate to evil avoided

Question 6

What did R v Quayle introduce?

Answer 6

The fourth point of necessity
4. Situation must not have arisen from human threat as would be duress

Question 7

What did R v Shayler introduce?

Answer 7

The fifth point of necessity
5. Evil must be directed at defendant or persons they have responsibility

Question 8

What are the facts form R v Quayle?

Answer 8

Defence not available for medical use of cannabis

Question 9

What are the facts from R v Shayler?

Answer 9

Former MI5 member breached Official Secrets Act 1989. Unable to plead defence as couldn’t identify the exact members of public at risk