Necessity

Question 1

There is a defence of necessity to emergency vehicles

Answer 1

Road traffic act 1988

Question 2

Lord Denning said that the fire engine contravened traffic regulations for driving through a red light. Influenced parliament to correct the law in the Road Traffic Act 1988

Answer 2

Buckoke v greater London council 1971

Question 3

There is no defence of necessity for entering an empty property if homeless and cold
(May be different today if suffering from exposure)

Answer 3

Southwark London borough v Williams 1971

Question 4

Necessity was successful:
The treatment is necessary
It is in the best interest of the patients
The reasonable man would do the same
It must be the lesser of 2 evils

Answer 4

Re. f 1990

Medical patient: sterilisation

Question 5

There doesn’t have to be any immediacy:
It’s necessary to avoid inevitable and irreplaceable harm
No more was planned to be done than reasonably necessary
The harm to be inflicted wasn’t disproportionate to harm avoided

Answer 5

Re. A 2000

Question 6

No defence to assisted suicide

Answer 6

Nickleson v Ministry of Justice 2012

Question 7

2 cases

Drugs used to relieve pain would have no defence

Answer 7

R v Quayle and others

R v Altham

Question 8

An MI5 agent breached the official secrets act and fails because there is no immediacy

Answer 8

Shayler 2001

Question 9

There is no defence of necessity to murder

Answer 9

Dudley and Stephens 1884