Necessity

Question 0

Southwark Borough Council v Williams

Answer 0

Lord Denning held that hunger or poverty could not be a defence to stealing, necessity would not apply. The door to disorder must be kept firmly shut. Necessity could be used as a mask for anarchy.

Question 1

Buckoke v GLC (1971)

Answer 1

Lord Denning indicated, obiter, that a fireman driving towards a fire who skipped a red light to save someone who was trapped by the fire would not be able to use necessity. The circumstances would only be mitigating circumstances in sentencing.

Question 2

Re F (Mental Patient) (Sterilisation) (1990)

Answer 2

Female patient at hospital formed sexual relationship with another patient, her mother applied for permission to have her sterilised against the patient’s wishes, held that is was permissible if the patient lacks capacity to decide to have the needed treatment and the treatment was in the patient’s best interests.

Question 3

Dudley and Stephens (1881-5)

Answer 3

2 defendants became shipwrecked, killed and ate the cabin boy, held that necessity couldn’t apply to murder.

Question 4

Re A (Conjoined Twins) (2000)

Answer 4

Distinguished from Dudley and Stephens as there was no selection issue, gave the test for necessity:
The action is needed to avoid inevitable evil
No more should be done than is reasonably necessary for the purpose to be achieved
The evil inflicted must not be disproportionate to the evil avoided.