Necessity

Question 1

Definition:

Answer 1

The circumstances force a person to act in order to prevent a worse evil from occurring.

Question 2

Two D’s were shipwrecked and ate the V to save themselves from dying. Claim was rejected.

Answer 2

Dudley and Stephens (1884)

Question 3

Defence would not be available to emergency serve drivers who broke traffic laws as they should not be prosecuted however if they were there would be no defence of necessity.

Answer 3

Buckoke V Greater London Council

Question 4

Doctors were allowed to carry out sterilisation of an adult patient without the patients consent as they were mentally ill.

Answer 4

Re F

Question 5

Doctors were allowed to carry out operation against parents consent and could use necessity as a defence.

Answer 5

Re A

Question 6

Who stated that the distinction between duress and necessity has been blurred

Answer 6

Lord Woolf

Question 7

Test for duress of C + necessity: (3)

Answer 7

Shayler - the act must be done only to prevent an act of greater evil. The evil must be forested towards the D or family or car member. The act must be reasonable and proportionate to the evil avoided.

Question 8

Differences between D of C and necessity:

Answer 8

The evil must be to the person or persons they are responsible for (D) but in N this is not required.
D of C cannot be used as a defence for murder yet in are A it was accepted to use necessity.

Question 9

What defence is it similar too?

Answer 9

Duress and is perceived as the same thing.