Class notes
CRL 202 Necessity Notes
- Course
- Institution
This is a comprehensive and detailed note on necessity for CRL 202. *Essential!! *At a price that's fair enough!!
[Show more]
Seller
Follow
anyiamgeorge19
Reviews received
Content preview
Topic 15 – Necessity 20.08.09- This negates the element of lawfulness.
- The requirements for necessity are extremely similar to the requirements for Private
defence.
- Very important questions: (1) How to distinguish between Private defence and
necessity and (2) What are the differences
Definition (Know verbatim)
X acts in necessity if he avoids a threat of harm from a human or non-human
source by contravening a criminal norm or by causing harm to another . X’s
conduct is not unlawful provided the interest which he protects is more
valuable than the interest which he violates.
- X faces some kind of dangerous situation.
- This can come from a human or a non-human source.
- Eg 1, X holds his gun to Y’s head and tells Y to rape V. If Y rape’s V then he
does it in necessity.
- Eg 2, X is walking down the street. A pitbull starts chasing him and wants to bite
him. X shoots the animal. X can use necessity as a defence.
- Eg 3, X invites Y for lunch. A fire breaks out and Y jumps through the window
and breaks the glass. X is upset about the broken window and Y is then charged with
malicious damaged to property. Y can then rely on necessity as a defence.
Differences between Private defence and Necessity
- Private defence: The attack must be unlawful and it must come from a human
source.
- Necessity: The attack can come from a human or non-human source.
- PD: X has a choice he can avoid being harmed if he causes harm to someone else.
- Necessity: X can either (1) Contravene a criminal norm (break the law), or (2) He
can inflict harm on someone else
- The law allows X to avoid a dangerous situation by causing harm to someone
provided that the harm that X causes is less than the harm X would have suffered.
- This is always a Vis Compulsiva – X always has a choice.
- Rationale:
- The law allows this defence because here X is choosing the lesser evil.
- He chooses to do less harm that he would have suffered.
Requirements for Necessity (6)
Like PD, necessity has two legs:
(A) Emergency (from a human, animal or natural phenomenon)
(B) Response (X’s response)
, (A) Emergency
(1) Commenced / Imminent
(2) Against legal interest
(3) no fault
(B) Response
(4) Necessary
(5) Reasonable
(6) No legal obligation
(1) Commencement/ Imminent
- The rule against anticipatory necessity is exactly the same as for Private
Defence (Plz check notes)
- The attack must have started or is about to start.
- You cannot take pre-emptive action.
- The rule against belated necessity: If the emergency is over you cannot act in
necessity.
- You have to stop with your response and soon as the emergency is over.
- The same as with PD.
(2) Legal Interest
- (similar to PD)
- Physical Interest (life and limb)
- Proprietary Interest (Corporeal and incorporeal)
- Personality Interest (privacy, dignity and freedom)
- And all other protected interests.
- Exception: Economic Interests
- If someone threatens your economic interests you cannot rely on necessity as a
Justification.
(3) No fault
- X must not have created the emergency him/herself.
- General rule: If X has created the situation of necessity then he cannot rely on
necessity as a defence.
- The accused cannot benefit from his own wrongdoing.
- Exception:
- If X does something wring and this creates an emergency for a innocent 3rd party
then X can break the law to save the innocent 3rd party.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller anyiamgeorge19. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.50. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77254 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now