Defence of Necessity in UK Law
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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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Can Touching Always Be Sexual When There is No Sexual Intent?
The objective test introduced by the Sexual Offences Act 2003 as to the sexual nature of the touching that constitutes sexual assault can lead to injustices, particularly where the defendant expose...... ... Equally, the courts should, where appropriate, permit the defence of necessity where the defendant did not intend, but was not negligent, as ... ...
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Justification or Excuse? The Collision of Positive Duties in German Criminal Law
Legal systems operating on the idea that not only positive acts, but also omissions can be criminally relevant may create ‘legal traps' by demanding impossible behaviour where there is a collision ...... ... 34 of the Criminal Code, granting a defence of necessity. The same idea is also applicable if two positive duties ... ...
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The Contours of the Right to Self-Defence: Is the Requirement of Imminence Merely a Translator for the Concept of Necessity?
The right to self-defence has lately been subjected to intense academic controversy, both at the domestic and international level. The debate is focused on the question of whether or not the requir...
- Index to Volume 70: Parts 1, 2
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Recent Judicial Decisions
... ... on whether the desire to expose a miscarriage of justice was a defence available to a juror who disclosed the deliberations of the jury, and it ... Defence of Necessity R v Quayle and Others [2005] EWCA Crim 1415 Court of Appeal (Criminal ... ...
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Necessary to Remove a Child from the Jurisdiction?
... ... Child abduction; Removal from jurisdiction; Necessity; ... Sexual abuse; Court proceedings ... CS is the mother of L, born in ... 1 of the Child Abduction Act ... 1984. In a defence statement she stated that she believed that L wasbeing subject to sexual ... ...
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