Necessity Flashcards
What is necessity?
this is where circumstances force a person to act in order to prevent a worse evil from occuring
What defense has the defense of necessity have in common?
duress of circumstances
Although the defence has similarities with the duress of circumstances defence, what have the courts been reluctant to recognise?
necesiity as a defence in its own right
What is the leading case on necessity?
Dudley and Stephans 1884
What happened in the case of Dudley and Stephan 1884?
Ds were stranded at see and after 9 days without food or water they killed and ate the cabin boy. Convicted of murder. Their claim of necessity that they would have otherwise died was rejected. their sentence was however lowered to six months imprisonment
Ds were stranded at see and after 9 days without food or water they killed and ate the cabin boy. Convicted of murder. Their claim of necessity that they would have otherwise died was rejected. their sentence was however lowered to six months imprisonment
What case is this?
Dudley and Stephans 1884
How does Dudley and Stephans 1884 reflect that necesiity is in line with the law of duress?
as duress is equally not a defence for murder
In which case did Lord Denning state obiter that he thought the defence of necessity should be available to emergency service drivers if they broke traffic laws in an attempt to arrive at an emergency quickly.?
Buckoke v Greater London Council
What did Lord Denning state obiter in Buckoke v Greater London Council?
that he thought the defence of necessity should be available to emergency service drivers if they broke traffic laws in an attempt to arrive at an emergency quickly.
Nevertheless, while Lord Denning stated in Buckoke v Greater London Council that that he thought the defence of necessity should be available to emergency service drivers if they broke traffic laws in an attempt to arrive at an emergency quickly; what is the actual law?
that such a defendant could be prosecuted and would not have a defence of necessity
What has happened to road traffic laws for emergency service drivers?
it has now been changed to give them a special defence in the circumstances
What case is an example of where the defence of necesitty has been recognised by the courts when making an order in some civil cases?
Re F
What happened in the case of Re F?
A health authority, with the backing of the parents, applied to lawfully sterilise a girl who had a severe mental disability and was in a sexual relationship which would have been harmful for her to if pregnant. HOL granted application as it is the common duty of doctoirs on the grounds of necessity
A health authority, with the backing of the parents, applied to lawfully sterilise a girl who had a severe mental disability and was in a sexual relationship which would have been harmful for her to if pregnant. HOL granted application as it is the common duty of doctoirs on the grounds of necessity
What case is this?
Re F
What are the 2 cases where a doctor has sought a declaration that their medical advice is necessary?
- Re F
- Re A