Necessity

Question 1

What is necessity

Answer 1

where circumstances for a person to act in order to prevent the worse from happening.

Question 2

Dudley v Stephens

Answer 2

Ate cabin boy

Question 3

Re A

Answer 3

Necessity was held to be available as a defence even to a potential murder charge
- conjoined twins separation

Question 4

what are the tests for duress of circumstances and necessity

Answer 4

• the act must be done only to prevent an act of greater evil
• the evil must be directed towards the defence
• the act must be reasonable and proportionate to the evil avoided

Question 5

Evaluation - emergency situations

Answer 5

the defence is not available for emergency services who break traffic laws in an attempt to get to an emergency- lord denning stated that this isn’t right and these people should be congratulated . Therefore traffic laws have had to change to allow emergency services to get to save peoples lives without prosecution

Question 6

Evaluation - differences between necessity and duress of circumstances

Answer 6

• in necessity there is no need for the evil to be directed towards the defendant or a person they are responsible for. As seen in RE A
• duress of circumstances can not be used for murder however as seen in re A it can be allowed for necessity