CRIM 230 Chapter 11: Chapter 11
8 Aug 2015
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The general principles: necessity arises where accused can avoid some disaster/calamity only by breaking the law, the evil they sought to avoid was greater than evil inherent in breaking the law, was a necessity not freewill. The rationale for the defence of necessity: the defence of necessity constitutes an excuse rather than a justification , justification challenges the wrongfulness of an action which technically constitutes a crime. Applying the defence of necessity in relation to less srs criminal offences. P a g e | 2: for commissions of less srs offences court not in formidable policy difficulties, e. g. Accused acquitted of dangerous driving cuz defence of necessity. Claimed he drove above the speed limit b/c car was tailgating him, even at very fast speeds. He substituted a constructive danger to the public in place of the actual present danger to himself.
