Necessity Flashcards
What is necessity?
A plea that the crime was committed because it was the least harmful of two or more alternatives
What is the first requirement?
An immediate danger of death or great bodily harm
What is the second requirement?
No reasonable alternative course of action was available
What is the third requirement?
The conduct must have a reasonable prospect of removing the danger
What case speaks to the first two requirements?
Moss v Howdle - no immediate danger and there was an immediate alternative course of action.
Which case speaks to the second requirement?
D v Donnelly - strict application she could have used mobile phone instead.
Which case speaks to the third requirement?
Lord Advocates Reference (No. 1 of 2000). There was no reasonable chance of removing the danger of nuclear weapons.
What must there be a causal connection between?
coercion of circumstances and conduct
