Necessity

Cards (6)

  • Def acted to prevent greater evil from happening
  • (Re A - conjoined twins) sets out test for necessity
    1. act was necessary to avoid inevitable evil
    2. no more evil than necessary was done
    3. evil inflicted was not disproportionate to evil avoided
  • Not defence to murder (Dudley and Stephens)
  • Can be used to sterilise those with severe mental disability without consent (Re F)
  • Cant be used for cannabis (R V Quayle)