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Necessity Notes

This is a sample of our (approximately) 3 page long Necessity notes, which we sell as part of the Criminal Law Notes collection, a A package written at York College in 2015 that contains (approximately) 83 pages of notes across 41 different documents.

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Necessity Revision

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Necessity

Introduction - in theory:



General defence - all crimes Complete defence - D walks free Common law - long recognised but rarely used Pressure defence

Definition:


Available where D chooses to commit crime as it was the lesser of two evils No element of force or threat Defence of justification, not excusatory

Background:


Existed at common law since 1883 Unwilling to allow defence Fear of a slippery slope - everyone will try it

Timeline:



Not available in Dudley and Stephens 1884 or Kitson 1955, but did exist - no one knew when you could use Southwalk LBC v Williams 1971 tried to raise defence for squatting - denied as Denning said "necessity will open a door which no man can shut" Bucocke denied defence - said authorities should not prosecute No judges wanted to deal with necessity - side stepping Courts recognised defence in Richards 1986 but didn't know when it could be used

Duress of circumstances:

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