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defences
duress and necessity
duress of circumstance and necessity
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tia marni
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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
)