Criminal Law Neccessity

DC00087870 Criminal Law Question bingle Rv Quayle, A-G ref (No 2 of 2004) 2006 1 ALL ER 988 (CA) Within slope constabulary the defense force of demand helps to recognise that at times in that location rat be certain situations which hatch a persons action may close they sport to break the law. nevertheless, at that place have been very hardly a(prenominal) studys in which this defense team has stood within the eyes of the law and courts. The courts have been extremely cautious in allowing necessity to become a defence as a view it as something interchangeable to a Pandoras Box. maestro Denning himself once said that necessity would open a portal which no man could shut. (Heaton 2004.) former(a) than self defence at that place are three some other defences which could maybe be viewed as a necessary situation. These back be Duress by threat, duress of circumstance and necessity. (Herring 2006.) One of the earliest trial in which necessity was utilise as a d efence was the case of R V Dudley and Stephens (1884) 14 QBD 273. There were four peck enthrallwrecked on a weensy gravy boat after their ship had sunk in the mellowed seas. They spent 20 age on the open boat six of which they spent without either food or water. Fearing they faculty soon die Dudley and Stevens resolute that they would kill the cabin male child who was already very disadvantageously and eat him.

Although it was Dudley and Stevens who committed the execration all three used his body to eat and drink. However they were rescued four old age later and upon there return to England where infact charged with murder. They used the defence o! f necessity. The court rule that the cleaning of the boy was not a matter of exigency and as they had infact killed the boy intentionally they were sheepish of murder. The men argued that the killing of the boy was indeed the lesser of ii evils however there defence failed and they were sentenced to death although this was changed to DC00087870 six months imprisonment. The family unit of Lords have asleep(p) on to used this case as the one which sets squander the general rule necessity is not a defence to...If you want to get a total essay, order it on our website: OrderCustomPaper.com

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