Defence: Necessity

Question 1

What is necessity and what is the main three cases

Answer 1

D’s crime is justified because they were put in a situation where they had to choose between the lesser of two evils to avoid the greater harm

Dudley and Stevens
R V F(Steralisation)
Re A(Conjoined Twins)

Question 2

Requirements for necessity (and the title)

Answer 2

1. The Act was done in order to avoid circumstances that were otherwise unavoidable
   2. The circumstances avoided would have inflicted inevitable and irreparable evil
   3. No more was done than was reasonably necessary
   4. The evil inflicted was not disproportionate to the evil avoided

Remember the title - necessity and medical marijuana

Question 3

Necessity and medical marijuana - cases

Answer 3

Quayle
Altham