duress of circumstance and necessity

Cards (4)

  • circumstance and necessity
    when d has two alternatives, either commit a crime or suffer
    can't be raised for murder - (Dudley and Stephens)
  • three requirements
    act is needed to avoid inevitable and evil
    no more should be done than is reasonably necessary
    the evil inflicted must be proportionate to evil avoided
  • defence rarely successful
    driving under influence, defence denied - (kitson)
  • generally only successful for medical cases 

    (conjoined twins)