Necessity Flashcards
What is necessity?
Where the circumstances force a person to act in order to prevent something worse from occurring
What does necessity draw similarities with?
Duress of circumstances
What have the courts been reluctant to do?
Recognise necessity as a defence in its own right in criminal cases
When have courts been more willing to consider necessity?
In civil cases
In which civil cases has necessity been applied?
Re F and Re A
Give the facts of Dudley and Stephens
D’s became shipwrecked and had to eat the cabin boy
Give the ratio of Dudley and Stephens
Their claim of necessity to prevent them from dying was rejected
Give the significance of Buckoche v Greater London
Denning said obiter that he thought the defence should not be available where emergency service drivers break traffic laws in order to arrive quickly
Give the facts of Re F
Girl with severe mental disability was sterilised due to her sexual relationship with another patient - she would not have understood pregnancy
Give the ratio of Re F
Sterilisation was necessary
Give the facts of Re A
Two conjoined twins couldn’t survive unless one was killed
Give the ratio of Re A
It was in their best interest to save at least one child
