NECESSITY Flashcards
when might the defence of necessity apply?
circumstances force a person to act in order to prevent greater evil from happening but necessity is more likely to involve medical necessity
Re F and Re A
Where was necessity first considered?
by courts in Dudley and Stephen’s and in modern cases such as Re F and Re A
What is this defence similar to?
Duress of circumstances BUT it can be a defence to murder or attempted murder
emergency services cannot rely on it
What is stated about the evil inflicted?
it must be reasonable and proportionate compared to the evil avoided
What does it sated about the evil avoided?
it must be inevitable
What does it state about irreparable harm?
Evil avoided must cause irreparable harm
what does it state about being direct at the defendant or someone they are responsible for?
evil avoided must have been directed at defendant or someone they are responsible for
What does the case of Quayle set out?
defence is not allowed in cases regarding self-medication and cannabis
