necessity

Question 1

what is necessity

Answer 1

justification of the crime- put in a situation where they had to choose between the lesser of two evils to avoid the greater harm

Question 2

in what case was necessity rejected

Answer 2

stevens v dudley

Question 3

what did this case suggest

Answer 3

the defence of necessity was NOT allowed as a defence in criminal law.

Question 4

in civil cases involving who is this allowed

Answer 4

involving doctors

Question 5

what the name of this case

Answer 5

Re F
(patient had mental capacity of a 4 year old)

Question 6

what are the 4 requirements

Answer 6

The act was done to avoid circumstances that were otherwise unavoidable

The circumstances avoided would have inflicted inevitable and irreparable evil

No more was done than was reasonably necessary

The evil inflicted was not disproportionate to the evil avoided

Question 7

what case involved weed

Answer 7

R v Quayle
(d used weed to treat symptoms so defense not allowed)