Necessity
a. Definitions
- Provides a justification for the crime committed
- Two types
o Best-interest intervention [D commits a crime against V, in the best interest of V]
o Lesser evils necessity [D commits a crime against V, because it is the lesser of two evils]
b. Historical Hostility
Historically, law has been hostile to the defence of necessity idea that the law has to be
followed at all times, not only when it might be convenient for D to do so
In cases of extreme necessity, court has convicted defendants only to pardon them
immediately after
R v Dudley and Stephens
4 men were stranded on a raft in the middle of the ocean
3 men killed the cabin boy who had drank salt water and was going to die for the 3 men
to stay alive
Rejected defence of necessity “who is to be the judge of this sort of necessity? By whatwho is to be the judge of this sort of necessity? By what
measure is the comparative value of lives to be measured?”
However, notable that they were pardoned almost immediately afterwards
Buckoke v Greater London Council
Courts refused to grant defence of necessity to permit drivers of fire engines to cross a red
light if they had to go to a burning building to save lives
But courts said that they expected the crown prosecution service to have the common
sense not to try them
R v Kitson
D was drunk man and was being driven home by brother in law
D woke up and found that no one was in the driver’s seat, and the car was starting to roll
down a hill
D took the wheel and steered the car onto a grassy verge at the side
Charged with driving while drunk, as he had taken the wheel
Courts rejected defence of necessity
Southwark LBC v Williams
Homeless people broke into some empty council houses claimed defence of necessity
Courts rejected defence of necessity
Best Interest Intervention
Re F v West Berkshire Health Authority
Patient was a fully grown woman, will learning disabilities
Staff feared she would not be able to deal with stress of pregnancy wanted to sterilize
a. Definitions
- Provides a justification for the crime committed
- Two types
o Best-interest intervention [D commits a crime against V, in the best interest of V]
o Lesser evils necessity [D commits a crime against V, because it is the lesser of two evils]
b. Historical Hostility
Historically, law has been hostile to the defence of necessity idea that the law has to be
followed at all times, not only when it might be convenient for D to do so
In cases of extreme necessity, court has convicted defendants only to pardon them
immediately after
R v Dudley and Stephens
4 men were stranded on a raft in the middle of the ocean
3 men killed the cabin boy who had drank salt water and was going to die for the 3 men
to stay alive
Rejected defence of necessity “who is to be the judge of this sort of necessity? By whatwho is to be the judge of this sort of necessity? By what
measure is the comparative value of lives to be measured?”
However, notable that they were pardoned almost immediately afterwards
Buckoke v Greater London Council
Courts refused to grant defence of necessity to permit drivers of fire engines to cross a red
light if they had to go to a burning building to save lives
But courts said that they expected the crown prosecution service to have the common
sense not to try them
R v Kitson
D was drunk man and was being driven home by brother in law
D woke up and found that no one was in the driver’s seat, and the car was starting to roll
down a hill
D took the wheel and steered the car onto a grassy verge at the side
Charged with driving while drunk, as he had taken the wheel
Courts rejected defence of necessity
Southwark LBC v Williams
Homeless people broke into some empty council houses claimed defence of necessity
Courts rejected defence of necessity
Best Interest Intervention
Re F v West Berkshire Health Authority
Patient was a fully grown woman, will learning disabilities
Staff feared she would not be able to deal with stress of pregnancy wanted to sterilize
