LAWS 1000 Lecture Notes - Lecture 9: Tetraplegia
Document Summary
It is not right for the law to hold an individual accountable for something that was truly necessary: therefore the defense of necessity had evolved over time. Mouse case 1608: captain feared that the ship would sink and everyone would drown, to prevent sinking the captain threw off all cargo, captains actions were necessary. R v dudley and stephens 1884: sailors were 23 days lost at sea, starvation was going to kill them all, captain and sailor agreed to kill the cabin boy for food. Survived and were later saved and later charged with murder: jury conceded to the judge. Necessity: charged with murder = it was not here necessary to kill the weakest, youngest, and most unresisting , local morality later lead to the release of the 2 men. R v. latimer 1993: 12 year old quadriplegia (bedridden and felt continual pain, father later admitted to causing his daughters death.
