duress by necessity Flashcards
(3 cards)
1
Q
definition
A
D finds himself in circumstances which force him to act in order to prevent a
worse evil from occurring (Dudley & Stevens)
2
Q
(Re A)
A
defence can apply to even murder
3
Q
(Shaylar) criteria
A
1) prevent a greater evil
2) evil must be directed at S or someone their responsibile for
3) D must act reasonable and proportionate to the evil avoided
