WEEK 12 PT 2

Question 1

What is the purpose of necessity in legal terms?

Answer 1

Safety net/defence of last resort

Necessity is meant to provide a last resort option in legal defenses, allowing for actions taken to prevent greater harm.

Question 2

What was the concern in London Borough of Southwark v Williams [1971] regarding necessity?

Answer 2

Allowing necessity as a defense could lead to lawlessness and disorder

The case illustrated the potential dangers of broadly applying the necessity defense, stating that it could open the door to anarchy.

Question 3

In which types of cases is necessity commonly applied?

Answer 3

Medical cases

Necessity is typically applied in exceptional circumstances, particularly in medical contexts.

Question 4

What was the outcome of Gillick [1985] regarding the necessity defense?

Answer 4

No criminal intent arose; no offence committed

The case involved a doctor who prescribed contraceptives to an underage girl, balancing legal and ethical considerations.

Question 5

What did F v West Berkshire Authority [1989] establish regarding the necessity defense?

Answer 5

Doctors could rely on necessity for sterilisation without patient consent

The court granted an order for sterilisation based on the necessity defense due to the patient’s psychiatric condition.

Question 6

What was the central issue in Dudley and Stephens [1884] regarding necessity?

Answer 6

Necessity not accepted as a defense to murder

The case involved shipwrecked individuals who resorted to cannibalism, and the court found them guilty of murder.

Question 7

What are the three non-exhaustive requirements for the necessity defense as outlined in Re A (Children) [2000]?

Answer 7

• The act is needed to avoid inevitable and irreparable evil
• No more should be done than is reasonably necessary
• The evil inflicted must not be disproportionate to the evil avoided

These requirements guide the application of necessity in legal contexts, though they do not guarantee a successful defense.

Question 8

True or False: The necessity defense is strictly defined and has clear criteria.

Answer 8

False

The necessity defense is intentionally vague to function as a safety net in legal contexts.

Question 9

What was the ruling in R (Nicklinson) v Ministry of Justice [2014] regarding necessity?

Answer 9

Necessity denied for euthanasia

The court distinguished this case from Re A, stating that euthanasia does not involve the same immediate decision-making context.

Question 10

Fill in the blank: The Law Commission recommended the _______ of the necessity defense in their 1977 report.

Answer 10

Abolition

The recommendation was partly based on the belief that the necessity defense could be misapplied.

Question 11

What is the significance of the case involving Archie, Bob, and Charlie during their climb?

Answer 11

Illustrates the complexities of the necessity defense in real-life scenarios

Bob’s decision to cut the rope to save himself and Archie raises questions about the application of necessity in emergency situations.