Necessity Flashcards
(13 cards)
First instance of necessity
1884 Dudley and Stephens
What case happened in 1970
Southwark London borough council v Williams
What was said in Southwark london borough council v Williams 1970
‘Necessity would open a door man could shut’
What happened in Southwark London borough council v Willian’s 1970?
The family were made homeless trough no fault of there own so lived in council flats which were empty but were removed they tried to use defence of necessity but it was denied
Why is necessity used now? Common example?
Emergency services speeding
What is the principle of necessity
Chose lesser of two evils
What case created a test to help defence of necessity
Shayler 2002
What is the test
Act must prevent some greater evil
Evil must be directed at person/someone they are responsible for
Act must be proportionate to evil avoided
Problem with necessity…
Limited scope
Example of limited scope
R v Quayle and others (2005)
What happened in R v Quayle and others 2005
Relieved pain with marijuana found guilty of drug offences argued necessity but denied
Arguments for necessity
Sometimes necessary eg pain
At discretion of prosecution which leads to inconsistencies
Arguments against
Excuse for wrong doing
Policy driven
