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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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Introduction - in theory:

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


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


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


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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