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Summary Insanity & Automatism PQ Notes.

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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

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  • April 25, 2020
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  • 2018/2019
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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

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