necessity

• In criminal law, the defence of necessity is where the defendant is arguing that it was necessary for them to commit a crime.
• The defence of necessity often operates where the defendant has two alternatives either commit a crime or suffer or cause another extreme hardship.
• what is the significance of the case of r v Dudley and Stephens?

  It shows how the courts have been reluctant to allow the defence of necessity, because the case failed.
• which case shows how the courts have been reluctant to allow the defence of necessity, because the case failed?

  r v Dudley and Stephens
• Which defence was used as the reason of separating conjoined twins in the case of Re A (conjoined twins)?

  necessity
• What is the significance of the case of Re A (conjoined twins)

  it is one of the only cases where the defence of necessity was allowed.
• which case is one of the only cases where the defence of necessity was allowed?

  Re A (conjoined twins)
• what are the three elements of necessity given by r v shayler?

  1. The act is needed to avoid inevitable and irreparable evil
  2. The evil must be directed towards the Defendant or a person they are responsible for
  3. The evil inflicted must not bedisproportionate to the evil avoided
• which case gives the elements of necessity?

  R v Shayler
• Why did r v Dudley and stephens fail?

  necessity is not a defence to murder
• The defence of necessity is available when circumstances force a person to commit an offence to avoid a worse evil.