Necessity

• What is necessity in legal terms?


  It is when circumstances force a person to act to prevent a worse evil from occurring.
• How does necessity differ from duress of circumstances?


  Necessity involves committing a crime to prevent a greater evil, while duress of circumstances involves allowing oneself or others to suffer.
• Why have courts been reluctant to recognize necessity as a defense?


  Because a broadly available defense of necessity might excuse too many law-breaking actions.
• What was the outcome of R v Dudley and Stephens [1884]?


  Dudley and Stephens were convicted of murder despite their claim of necessity.
• What did the judges acknowledge in R v Dudley and Stephens regarding the defendants' situation?


  The judges acknowledged that the defendants were in a truly desperate situation.
• What standard did the case of R v Dudley and Stephens set regarding the defense of necessity?


  It set a seemingly impossible standard, expecting heroic behavior in dire situations.
• What was the ruling in Southwark London Borough Council v Williams [1971]?


  The court granted the eviction order despite the defendant's circumstances.
• What reasoning did Denning provide in Southwark London Borough Council v Williams regarding necessity?


  He argued that allowing necessity as an excuse would lead to disorder and lawlessness.
• In what context has necessity been recognized in civil cases?


  It has been recognized in cases like Re F (Mental Patient: Sterilisation) where medical treatment was deemed necessary.
• What was the main issue in Re F (Mental Patient: Sterilisation) [1990] HL?


  The issue was whether it was lawful to sterilize a woman unable to consent due to severe mental disability.
• What did Lord Brandon state regarding necessity in medical treatment in Re F (Mental Patient: Sterilisation)?


  He stated it could be lawful for doctors to operate on patients unable to consent on the grounds of necessity.
• What questions were raised regarding the sterilization in Re F (Mental Patient: Sterilisation)?


  Questions were raised about whether the sterilization was for societal convenience rather than necessity.
• What was the situation in Re A (Conjoined Twins) [2000]?


  Jodie and Mary were conjoined twins, with one capable of independent life and the other not.
• What did the doctors seek in Re A (Conjoined Twins) regarding necessity?


  They sought a declaration to lawfully operate on the twins, considering necessity as a defense.
• What principles of necessity were approved in Re A (Conjoined Twins)?


  The act must avoid unavoidable consequences, inflict no more harm than necessary, and not be disproportionate to the evil avoided.
• What was the outcome of R v Shayler [2001]?


  Shayler's claim of necessity was unsuccessful, and his conviction was upheld.
• How does necessity relate to other defenses in law?


  Necessity serves as a basis for other defenses like self-defense and criminal damage.
• What are the key elements of necessity as a defense in law?


  • Act done to avoid unavoidable consequences
  • Consequences would inflict inevitable and irreparable evil
  • No more harm done than necessary
  • Evil inflicted is not disproportionate to the evil avoided
• What are the main types of defenses in law related to capacity and necessity?

  • Capacity Defenses: Intoxication, Automatism, Insanity
  • Necessity Defenses: Duress, Self-defense, Consent, Necessity, Mistake