Necessity

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  • Created by: Edward
  • Created on: 22-02-16 12:48
Re A (2000)
Three requirements for necessity: (i) the act must be needed to avoid inevitable and irreparable evil; (ii) no more should be done than is reasonably nec for the purpose to be achieved; and (iii) the evil inflicted must not be disproportionate to the
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Nicklinson (2013)
CA: Re A should be confined to its facts and there is no general defence of necessity in criminal law
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Dudley v Stephens (1884)
Necessity was not available in case where there were was group of people facing death by starvation and killed and ate cabin boy
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Dudley v Stephens (1884)
Lord Colderidge CJ: allowing defence of nec to charge of murder would divorce law from morality
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Nicklinson (2013)
It is not appropriate for courts to develop a defence of necessity, the creation of a defence of necessity was a matter for Parliament
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Leigh v Gladstone (1909)
Police officers were entitled to force feed prisoners in order to save their lives
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Bourne (1939)
A doctor was entitled to carry out an abortion for the purpose of saving the life of the mother
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Card 2

Front

CA: Re A should be confined to its facts and there is no general defence of necessity in criminal law

Back

Nicklinson (2013)

Card 3

Front

Necessity was not available in case where there were was group of people facing death by starvation and killed and ate cabin boy

Back

Preview of the back of card 3

Card 4

Front

Lord Colderidge CJ: allowing defence of nec to charge of murder would divorce law from morality

Back

Preview of the back of card 4

Card 5

Front

It is not appropriate for courts to develop a defence of necessity, the creation of a defence of necessity was a matter for Parliament

Back

Preview of the back of card 5
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