Necessity - duress of circumstances

Question 1

What was established in the case of Pommell 1995?

Answer 1

The courts will consider the circumstances in which D is in if both forms of defence’s fail.

Question 2

What happened in the case of Rodgers and Rose 1998?

Answer 2

D escaped from prison. Conditions were so bad D was suicidal. Defence failed as there must be an external threat.

Question 3

Duress of Circumstances - what happened in the case of Quayle 2005?

Answer 3

Avoidance of pain and necessity is considered as circumstances

Question 4

What is a main question in which has been established in Dudley and Stephens 1884?

Answer 4

How do we decide whom pays the price?

Question 5

What was held in the case of US v Holmes 1842?

Answer 5

Necessity cannot be a defence to murder.

Question 6

What was established in Re A (Children) 2001?

Answer 6

(a) The act is needed to avoid inevitable and irreparable evil;
(b) No more should be done than is reasonably necessary for the purpose to be achieved; and
(c) The evil inflicted was not to be disproportionate to the evil avoided.