Developement To Necessity Flashcards
(17 cards)
Recent cases relating to necessity argue that ‘a actions are not blameworthy and actions are
Justified therefore necessity is a justificatory defence
Case facts it Re f
Sterilisation of mentally disabled patient to prevent possible pregnancy that would be disastrous for mental state
The House of Lords ruled in re f that it was necessary based on
It was in the best interest of the patient
The ordinary man would do the same in that situation
And it would be the lesser of two evils
Case facts of re a
Conjoined twins case where it was necessary to perform operation to save the life of Jodie
What was the issue for the doctors in re a
Whether killing Mary would be unjustified or unlawful but if they did nothing they had a duty of care so could be convicted of GNM
Judge Stevens allowed the operation to go ahead based on necessity but laid down 3 rules which are
The act was necessary to avoid inevitable and irreparable harm
That no more was planned to be done than was reasonably necessary
The harm to be inflicted was not disproportionate to the harm avoided
How did re a expand the use of necessity
In Dudley v Stevens it was made clear necessity is not available to murder
However it was allowed in this case because it was a special case and in Dudley v Stevens the victim had been decided but in re a the victim had been decided by the circumstances
Is the decision from re a binding
Yes
Example case of where necessity would probably be allowed on the grounds of accepting the lesser of two evils where his actions where justified
Zeebruggee
Ferry disaster old man frozen in fear on the ladder preventing others escape was pushed from the ladder to allow the escape of others
another example of where a defence of necessity for murder may be allowed
9/11 attacks shooting down a plane killing those inside would be the lesser or two evils and would justify murder
What do the courts want to limit the use of necessity to
Special cases
Which case was the question of whether necessity was a defence to miser raised in terms of assisted suicide
Nicklinson v ministry of justice
What was decided in nicklinson v ministry of justice
It was not a defence and referred the question to parliament
Which case creates inconsistency regarding necessity in medicine regarding drugs to relive pain
(2 cases)
R c Quayle and others reused to allow necessity to relive pain
Althams conviction was also upheld
The courts have limited the use of necessity and as a result follow which case
Dudley v Stevenson
Case where the defence of necessity failed
Shayler
m15 agent charged with breaching official secrets act claimed the defence but failed
Is duress excusatory or justificatory
Excusatory
