Necessity

Question 1

First instance of necessity

Answer 1

1884 Dudley and Stephens

Question 2

What case happened in 1970

Answer 2

Southwark London borough council v Williams

Question 3

What was said in Southwark london borough council v Williams 1970

Answer 3

‘Necessity would open a door man could shut’

Question 4

What happened in Southwark London borough council v Willian’s 1970?

Answer 4

The family were made homeless trough no fault of there own so lived in council flats which were empty but were removed they tried to use defence of necessity but it was denied

Question 5

Why is necessity used now? Common example?

Answer 5

Emergency services speeding

Question 6

What is the principle of necessity

Answer 6

Chose lesser of two evils

Question 7

What case created a test to help defence of necessity

Answer 7

Shayler 2002

Question 8

What is the test

Answer 8

Act must prevent some greater evil
Evil must be directed at person/someone they are responsible for
Act must be proportionate to evil avoided

Question 9

Problem with necessity…

Answer 9

Limited scope

Question 10

Example of limited scope

Answer 10

R v Quayle and others (2005)

Question 11

What happened in R v Quayle and others 2005

Answer 11

Relieved pain with marijuana found guilty of drug offences argued necessity but denied

Question 12

Arguments for necessity

Answer 12

Sometimes necessary eg pain

At discretion of prosecution which leads to inconsistencies

Question 13

Arguments against

Answer 13

Excuse for wrong doing

Policy driven