Comprehensive first class Criminal Law PQ notes from University College London (2018/2019). Notes include concise case summaries, key reasonings to reconcile conflicting case law and detailed answer outlines to problem questions
Summary of Homicide & Non-fatal Offences Against Person
Summary of Homicide, Non-fatal Offences Against Person, Defence & Participation/Attempt
All for this textbook (9)
Written for
University College London (UCL)
Bachelor of Law LLB
Criminal Law
All documents for this subject (13)
Seller
Follow
firstclasslawnotes
Reviews received
Content preview
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
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 firstclasslawnotes. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.51. You're not tied to anything after your purchase.
