Paper 1.16a - Necessity Flashcards
Does necessity come from common or statutory law?
Common law.
Who is the defence of necessity intended for?
People who commit a crime to prevent a worse evil.
What happened in the case of Bourne, a case study of the defence of necessity?
Doctor carried out an illegal abortion to save a mother’s life, and was awarded the defence.
The case of Dudley and Stephens presents a limit to the defence of necessity; what is it?
No defence for murder (Ds ate a cabin boy because of shipwreck).
The case of Quayle presents a limit to the defence of necessity; what is it?
It is never necessary to take illegal drugs (D took cannabis to cure his back pain).
The case of Buckoke presented a limit to the defence of necessity until 1988; what was it and what changed it?
Emergency services were not entitled to the defence of necessity when breaking traffic laws getting to emergencies. This was overturned in the Road Traffic Act 1988.
The case of Cichon presents a limit to the defence of necessity; what is it?
Even if D’s actions saves a life, it can still be illegal (D removed his dog’s muzzle as it was choking on its own vomit).
Necessity is most commonly used in medical cases in modern times. Name a case study of a medical case where necessity was used.
Re S
Doctor performed a C-section against the wishes of the mother to save the baby’s life.
Re F
Health authority applied for permission to sterilise a mentally ill patient who formed a relationship with another patient.
Also Re A.
The defence of necessity is usually not applicable to murder. Name the only exception to this rule.
Re A - conjoined twins.
Doctors were permitted to separate conjoined twins in order to save one of their lives, even though the weaker twin was ‘murdered’.
The treatment must be proportionate to the offence.
