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Necessity
This is where circumstances force a person to act in
order to prevent a greater evil from occurring.
Dudley and Stephens (1984)- is the leading case.
Buckoke v Greater London Council (1971)- it was
held that necessity could not be used as a defence
when emergency services may need to drive
dangerously; however laws have now changed so
that this is allowed…read more

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Recognition of the defence
R v F (1990)- it is necessary for doctors in some cases to
provide medical treatment to disabled patients without
their consent
Re A (conjoined twins) (2000)- it was held necessary for
doctors to take the life of one twin to safe the life of the
other rather than let both die. This case also set out the
following rules:
· Only in order to avoid what otherwise could not be
avoided
· Otherwise consequence was inevitably evil
· No more was done than reasonably necessary
· Evil inflicted was not disproportionate to the evil avoided…read more

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Shayler (2001)- set out the tests for duress of
circumstances and or/necessary were:
· the act must be done to prevent a greater evil
· The evil was directed at D/ person to whom
they were responsible
· The act was reasonable and proportionate to
the evil avoided…read more

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