Neccesity

Question 1

Types of necessity

Answer 1

best interests
lesser evils

Question 2

historical hostility

Answer 2

R v Dudley and stephen’s - leaves survivor to determine necessity

R v Choke - not for fire engine drivers

Kitson - car rolling down hill

Southwark LBC - homeless squatting - suspicion of remedies of self help

Question 3

best interests cases

Answer 3

Gillick
Re F
Nicklinson
st george’s healthcare

Question 4

Gillick

Answer 4

doctor gave contraceptives to underage was in best interests

Question 5

Re F

Answer 5

Mentally 6yrs old case

1.neccesity to act and can’t communicate
2. R person in circumstances would do same for best interests of X

can’t if - more appropriate person to make decision or against wishes of X

Question 6

Nicklinson

Answer 6

not allowed in euthanasia

Question 7

St George’s Healthcare

Answer 7

can’t substitute persons decision for doctors or courts

Question 8

lesser evils necessity cases

Answer 8

R v Pommel
Re A

Question 9

R v Pommel

Answer 9

sub machine gun case
R reason for delay - could apply necessity

Question 10

Re A

Answer 10

1.act to avoid inevitable evil
2. no more than R necessary for purpose
3. evil inflicted not disprop to evil avoided

Question 11

R v Jones

Answer 11

if Q of court or politician - politician first