duress by necessity Flashcards
(3 cards)
1
Q
what is duress by necessity
A
d finds himself in circumstances which force him to act in order to prevent a worse evil from occurring (dudley & steven’s)
2
Q
R v Shaylar criteria:
A
- prevent greater evil
-evil must be directed towards D/person they are responsible for
-act must be reasonable and proportionate to the evil avoided
3
Q
Re A ruling
A
a defence of necessity considered, even to a potential charge of murder
