Defence of Necessity in UK Law
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R v Martin (Colin)
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The principles may be summarised thus: First, English law does, in extreme circumstances, recognise a defence of necessity. Most commonly this defence arises as duress, that is pressure upon the accused's will from the wrongful threats or violence of another. Equally however it can arise from other objective dangers threatening the accused or others. Arising thus it is conveniently called "duress of circumstances".
Third, assuming the defence to be open to the accused on his account of the facts, the issue should be left to the jury, who should be directed to determine these two questions: first, was the accused, or may he have been impelled to act as he did because as a result of what he reasonably believed to be the situation he had good cause to fear that otherwise death or serious physical injury would result?
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R v Willer
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Returning to how the appellant came to change his plea, one begins with the reasons advanced by the assistant recorder for declaring that the defence of necessity was not available to the appellant.
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R v Howe; R v Bannister; R v Burke; R v Clarkson
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It seems to us that it would be a highly dangerous relaxation in the law to allow a person who has deliberately killed, maybe a number of innocent people, to escape conviction and punishment altogether because of a fear that his own life or those of his family might be in danger if he did not; particularly so when the defence of duress is so easy to raise and may be so difficult for the prosecution to disprove beyond reasonable doubt, the facts of necessity being as a rule known only to the defendant himself.
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Nicklinson v Ministry of Justice [QBD]
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The first declaration is sought on the basis that the common law defence of necessity is available to a charge of murder in the case of voluntary active euthanasia and/or to a charge under section 2(1) Suicide Act 1961 in the case of assisted suicide provided that: (a) the Court has confirmed in advance that the defence of necessity will arise on the facts of the particular case; (b) the Court is satisfied that the person is suffering from a medical condition that causes unbearable suffering; there are no alternative means available by which his suffering may be relieved; and he has made a voluntary, clear, settled and informed decision to end his life; (c) the assistance is to be given by a medical doctor who is satisfied that his or her duty to respect autonomy and to ease the patient's suffering outweighs his or her duty to preserve life.
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R v Denton
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The appellant did not assert that he had to take risks of causing harm to others to escape from his pursuers or that he had to drive recklessly or that he did not give the nature of his driving a thought. In our view such assertions exclude any possible defence of necessity, even assuming there is such a defence The necessity, if any, was to drive, not to drive recklessly.
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DPP for Northern Ireland v Lynch
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The judges have always assumed responsibility for deciding questions of principle relating to criminal liability and guilt and particularly for setting the standards by which the law expects normal men to act. I would leave cases of direct killing by a principal in the first degree to be dealt with as they arise.
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Defence Act 1842
... ... or Owners thereof, or of any such Person or Persons as aforesaid, acting for or on the Behalf of the Owner or Owners thereof, unless the Necessity or Expediency of taking the same shall be first certified by the Lord Lieutenant, or Two of the Deputy Lieutenants, or by the Governor or Two Deputy ... ...
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Common Law Procedure Act 1852
... ... Affidavits accounting for the Nonappearance, and disclosing a Defence upon the Merits. S-XXVIII ... Judgment for Nonappearance where the Writ ... of his Claim as in a Particular of Demand, so as to prevent the Necessity of an Application for further Particulars ... 50 Principal and Interest ... ...
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Taxation Act 1798
... ... and necessary War in which we are engaged, for the Defence and Preservation of your Majesty's Crown, ... and of the Religion, Laws, ... raise a provisional Force of Cavalry, to be embodied, in Case of Necessity, for the Defence of these Kingdoms ... , or by virtue of another Act, ... ...
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Terrorism Act 2000
... ... (2) It is a defence for a person charged with an offence under subsection (1) to prove—(a) ... ...
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Of Shipwrecked Sailors, Unborn Children, Conjoined Twins and Hijacked Airplanes—Taking Human Life and the Defence of Necessity
Necessity is not a defence to murder. This principle has been repeated ever since R v Dudley and Stephens. Behind the arguments put forward in the debate lie the sanctity of life, the idea that one...
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Necessity and murder
This article argues that there is an alternative and hitherto unarticulated defence of necessity latent in the case law which could be a defence to murder.... ... School of Law, University of Exeter, Exeter, Devon, UK Abstract This article argues that there is an alternative and hitherto unarticulated defence of necessity latent in the case law which could be a defence to murder. Keywords Necessity, duress, murder This article argues that there is an ... ...
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Necessity as a Justification in Re A (Children)
In criminal law theory, it is common to distinguish between the defence of necessity as a justification and the defence of necessity as an excuse. However, it is sometimes said that English law doe...... ... Necessity as a Justification in Re A (Children) Itzhak Kugler* Abstract In criminal law theory, it is common to distinguish between the defence of necessity as a justification and the defence of necessity as an excuse. However, it is sometimes said that English law does not clearly ... ...
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Necessity as a Defence to Murder: An Anglo-Canadian Perspective
The article explores the formulation of the criminal defence of necessity in the context of murder cases. The discussion will provide a medium through which to critique necessity's theoretical foun...
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Own Name Defence - Dead Or Alive
... ... that the defence was only available in circumstances where use of the name concerned was "necessary" and in this case there was no such necessity. Similarly, no "own name defence" to trade mark infringement under s11(2) of the Act was available as this only applied to honest practice in ... ...
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Court Of Appeal Allows Appeal On Crown Use Defence In Mobile Telecoms Patent Case
... ... which context actual authority can be either express or implied; ... the usual basis for implication was necessity (as it is in the case ... of implied terms in contracts) and it was difficult to see why s ... 55(1) should exclude an authorisation to do an act ... ...
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Motor: High Court Rules On Standard Of The Reasonable Driver' When Under Threat Of Physical Harm
... ... Mr Barnes denied negligence as well as pleading self-defence and necessity ... Mr Barnes had previously been acquitted of the ... ...
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Preventing The Unnecessary Arrest Of Your Client
... ... But what does the test of necessity mean and how should it be applied in practice? These were the issues to be ... The decision is essential for defence practitioners who wish to make representations against the arrest of ... ...