Necessity

Question 1

What is necessity?

Answer 1

this is where circumstances force a person to act in order to prevent a worse evil from occuring

Question 2

What defense has the defense of necessity have in common?

Answer 2

duress of circumstances

Question 3

Although the defence has similarities with the duress of circumstances defence, what have the courts been reluctant to recognise?

Answer 3

necesiity as a defence in its own right

Question 4

What is the leading case on necessity?

Answer 4

Dudley and Stephans 1884

Question 5

What happened in the case of Dudley and Stephan 1884?

Answer 5

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

Question 6

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?

Answer 6

Dudley and Stephans 1884

Question 7

How does Dudley and Stephans 1884 reflect that necesiity is in line with the law of duress?

Answer 7

as duress is equally not a defence for murder

Question 8

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.?

Answer 8

Buckoke v Greater London Council

Question 9

What did Lord Denning state obiter in Buckoke v Greater London Council?

Answer 9

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.

Question 10

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?

Answer 10

that such a defendant could be prosecuted and would not have a defence of necessity

Question 11

What has happened to road traffic laws for emergency service drivers?

Answer 11

it has now been changed to give them a special defence in the circumstances

Question 12

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?

Answer 12

Re F

Question 13

What happened in the case of Re F?

Answer 13

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

Question 14

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?

Answer 14

Re F

Question 15

What are the 2 cases where a doctor has sought a declaration that their medical advice is necessary?

Answer 15

• Re F

- Re A

Question 16

What happened in the case of Re A?

Answer 16

doctors applied for a declaration in order to operate on conjoined twins where one would certainly die, but to leave them would result in 2 deaths. COA gave the declaration. Defence of necessity was available

Question 17

What happened in the case of Shayler?

Answer 17

D was a former member of Mi5 and had disclosed confidential documents; he claimed necessity

Question 18

Who stated that the defences of necessity and duress of circumstances are by in large the same?

Answer 18

Lord Woolfe

Question 19

What have the COA held were the tests for duress of circumstances and necessity ?

Answer 19

• the act must be done only to prevent an act of greater evil
• the evil must be directed towards the defendant or a person or persons for whom he was responsible (not for necessity cases, e.g Re A)
• the act must be reasonable and proportionate to the evil avoided

Question 20

What is the major difference between duress of circumstances and duress of threats?

Answer 20

duress of circumstancse cannot be used as a defence to murder, yet it was accepted in Re A that necessity is a defence for murder of the weaker twin

Question 21

What are the 2 offences which necessity effectively forms?

Answer 21

self defence and special statutory defences

Question 22

what is the necessity essence for self defence?

Answer 22

that the defendant is claiming that he had acted as he did because it was necessary for his protection

Question 23

What is the necessity essence for special statutory defences?

Answer 23

that under the Criminal Damage Act, necessity is a defence to a charge of criminal damage where other property was at risk and in need of immediate protection in reasonable circumstances

Question 24

What is the deffiniton of necessity?

Answer 24

circumstances which force a person to act in order to prevent a worse evil from occuring

Question 25

What were the 4 tests for necessity?

Answer 25

• Act was done only to avoid consequences which could not otherwise be avoided
• Those consequences would have inflicted inevitable and irreparable harm
• No more was done than was necessary
• The evil inflicted was proportonate to the evil avoided