Necessity

Question 1

What is necessity?

Answer 1

D has no choice but to commit the crime / break the law in order to achieve the lesser of 2 evils

Question 2

What does mouse’s case say about necessity?

Answer 2

Necessity is allowed a prisoner to leave A burning building even when the law says not to

Question 3

What was the outcome of Re A (2000) regarding duress

Answer 3

The defence of duress of necessity was applied, allowing doctors to separate the conjoined twins to save one twin’s life, as the circumstances justified the action.it was the lesser of 2 evils

Question 4

What is the test in re A for necessity

Answer 4

1) the act was necessary to avoid an inevitable evil
2) the evil inflicted was not disproportionate to the evil avoided

Question 5

Is the defence of necessity available for murder?cases

Answer 5

Yes in case such as re a

In Re A, the decision was forced by nature and aimed to minimise loss of life. Lesser of 2 evils

But no in some cases like r v Dudley

In Dudley, the men chose to kill an innocent person for their own survival. Not the lesser of 2 evils