Defence of Necessity in UK Law
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DPP for Northern Ireland v Lynch
... ... main contention of the Appellant and one of the main lines of his defence at the trial was that all that he had done had been done under duress and ... injury of another, is his guilt thereby established without the necessity of proving his willingness to participate in the crime?" ... ...
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R v David Michael Shayler
... ... ruled under section 31(3)(b) of that Act that no public interest defence was open to the appellant under those sections, which he held to be ... , Mr Fitzgerald QC's argument that the common law principle of necessity should be developed in the light of Article 10 seems to me to afford a ... ...
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R v Howe; R v Bannister; R v Burke; R v Clarkson
... ... are: "(1) Is duress available as a defence to a person charged with murder as a principal in the first degree (the ... as an authority on the availability of the supposed defence of necessity rather than duress. But I must say frankly that, if we were to allow this ... ...
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R v Hasan (Aytach)
... ... The second concerns the defence of duress. Anonymity ... 2 At trial ... criminal defences which have any close affinity with duress are necessity, where the force or compulsion is exerted not by human threats but by ... ...
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R (on the application of Nicklinson and another) v Ministry of Justice; R (on the application of AM) v DPP
... ... 2 infringes article 8 turns on whether requirements (c) and (d), necessity and balance, are satisfied ... 83 In that connection, the ... in para 25 of their judgment in the Court of Appeal, to extend the defence of necessity to a charge of assisted suicide would be a revolutionary ... ...
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R (Purdy) v DPP
... ... and is "necessary in a democratic society" to achieve that aim (necessity in this context implying not least proportionality). No argument was ... (Sometimes a defence of necessity, or duress of circumstances, will be recognised so that the ... ...
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Southport Corporation v Esso Petroleum Company Ltd (Inverpool.)
... ... 45 The Appellants by their Defence denied the alleged negligence, trespass, nuisance and damage and then set ... to the Master's decision to jettison the oil, challenging the necessity or propriety of that decision. I find it impossible to read the Statement ... ...
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R v Margaret Jones; Swain v DPP; R v Arthur Milling; R v Toby Olditch; R v Philip Pritchard
... ... Relevantly, the question was raised whether the defence of using reasonable force under section 3 of the 1967 Act was available to ... " under section 1 of the 1971 Act and the common law defence of necessity. It is not necessary to set out the terms of the judge's rulings because ... ...
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Southport Corporation v Esso Petroleum Company Ltd (Inverpool.)
... ... 11 Now, the Defendants by their Defence had denied negligence, and they had further denied the creation of ... Assuming that either is right, the defence of necessity would, in my view, destroy it. But, again, the Defendants could not avail ... ...
- Southwark London Borough Council v Williams
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