Necessity

Question 1

CA expressly ruled that necessity and duress of circumstances were the same defence

Answer 1

Shayler

Question 2

Necessity disguised as other defences - doctor giving pill to underage girl (essentially allowed illegal sex to happen, but preventing pregnancy)

Answer 2

Gillick

Question 3

Medical Necessity

- HL allowed doctors to sterilise woman with learning difficulties (necessary to prevent something unwanted)

Answer 3

F v West Berkshire HA

Question 4

Necessity and Murder:
- Necessity not available for murder

• ‘three necessary requirements for the application of the doctrine of necessity’ - not the actual law as it could sanction many unwanted actions (persuasive judgment)
• Above case is exceptional and should not have wider significance

Answer 4

Dudley and Stephens

Re A (Children) - conjoined twins

Re (Nicklinson) v Min of Justice

Question 5

Necessity and other crimes
Rarely argued defence but some examples:

• following police orders to break the law should be fine
• cannabis for pain relief (even on grounds of Art 3 ECHR) - not necesssity

Answer 5

Johnson v Phillips

Altham
Quayle

Question 6

Necessity, if allowed as a defence, could be exploited for all sorts of wrongdoing

Answer 6

London Borough of Southwark v Williams

Question 7

Necessity could lead to too much prosecutorial discretion as in this case

Answer 7

Buckoke v Greater London Council