#Criminal #Law #Defences #Necessity
Necessity presents a moral choice to the courts between the commission of a criminal act and the potential loss of life. Nevertheless it is an important defence that allows for difficult decisions in difficult or near impossible circumstances.
The defence originates in Reniger v Forgossa [1552] and has been used in a number of famous cases such as Dudley & Stephens [1884] and Re.A (Children) [2000].
Necessity normally requires the threat to a loss of life in order to prevent the floodgates from opening but in Gillick v West Norfolk & Wisbech AHA [1986] this was expanded to include a threat to mental health as well.
Necessity has come in murder cases but is generally not seen as a defence to murder as per the Dudley and Stephens case but even this has been challenged in recent cases like Re. A.
The defence may also arise in a medical law context particularly in relation to end of life care and, more widely in relation to a broader duty of care.
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love your work
excellent
Speeding to get somebody to hospital who most likely would have died is a hit and miss.. depending upon how it was seen by the officer. If pregnant..you can sorta break some traffic laws. But if somebody is gut shot and you are to far from medical help that death is certain.toy can take somebodys carcabdcsowedcabd Ren lights….etc. But..if you are close enough to help..fire department..police ambulance etc. You most likely will oayvacorice if you do the same thing for the sane reason.
That's why we have judges
I was lost in the mountains in BC and I needed to break into a cabin in order to survive. I was found three days later sleeping.. who been sleeping in my bed?
I paid for the window glass and food that I ate..but beside having a talk with the RCMP..nothing came of it. Since you was going to die if I didn't break the laws.
This all also depends upon who is in need. Being rich and or famous goes a long ways to making more thing and great thing being
Needed to survive… or others survive.
Necessity can't exonerate a person who has committed a grave criminal offence on the basis of such aforesaid necessity. It has rare success in such cases, but can govern a beneficial turnout in trivial cases. As always each case has its individual characteristics and case law is ever evolving. I say we wait and see. It boils down to moral reasoning …consequentialist and categorical – to locate morality in varies settings.
Very helpful, thanks 🙂