Paper 1.16a - Necessity

Question 1

Does necessity come from common or statutory law?

Answer 1

Common law.

Question 2

What is the defence of necessity?

Answer 2

People who commit a crime to prevent a worse evil - the situation forces d to commit a crime.

Question 3

What are the three limits to necessity? Name a case for each.

Answer 3

Necessity cannot defend murder (Dudley and Stevens)
Necessity cannot defend taking illegal drugs (Quayle)
Even if d’s actions save a life, it can still be illegal (Cichon)

Question 4

The case of Dudley and Stephens presents a limit to the defence of necessity; what is it?

Answer 4

No defence for murder (Ds ate a cabin boy because of shipwreck).

Question 5

The case of Quayle presents a limit to the defence of necessity; what is it?

Answer 5

It is never necessary to take illegal drugs (D took cannabis to cure his back pain).

Question 6

The case of Cichon presents a limit to the defence of necessity; what is it?

Answer 6

Even if D’s actions saves a life, it can still be illegal (D removed his dog’s muzzle as it was choking on its own vomit).

Question 7

What kind of cases does necessity apply to in modern times? Name an example of this.

Answer 7

Medical cases eg Re S, Re F or Re A.

Question 8

The defence of necessity is usually not applicable to murder. Name the only exception to this rule.

Answer 8

Re A - conjoined twins.
Doctors were permitted to separate conjoined twins in order to save one of their lives, even though the weaker twin was ‘murdered’.
The treatment must be proportionate to the offence.