Necessity Flashcards
What is the defence of necessity?
The defence of necessity may apply when circumstances force a person to act to prevent a greater evil from happening.
What types of necessity are commonly involved in legal cases?
Necessity is more likely to involve medical necessity, as seen in cases like Re F and Re A.
What was the first case to consider necessity?
Necessity was first considered by the courts in Dudley and Stephens.
Can necessity be a defence to murder?
Yes, necessity can be a defence to murder or attempted murder.
Can emergency services rely on the defence of necessity?
No, emergency services cannot rely on the defence of necessity.
What must the evil inflicted be in relation to the evil avoided?
The evil inflicted must be reasonable and proportionate compared to the evil avoided.
Example: D killing X was reasonable and proportionate compared to the evil avoided as X was about to kill many others.
What must be true about the evil avoided?
The evil avoided must be inevitable.
Example: It was inevitable that X was going to kill the others.
What type of harm must the evil avoided cause?
The evil avoided must cause irreparable harm.
Example: The death of the others was obviously irreparable harm.
Who must the evil avoided be directed at?
The evil avoided must have been directed at the defendant or someone he is responsible for.
Example: The threat of death was clearly directed at D’s wife.
In what cases is the defence of necessity not allowed?
The defence is not allowed in cases regarding self-medication and cannabis (Quayle).
What is the conclusion regarding the defence of necessity?
The defence of necessity may apply, so D will be found not guilty.
