Necessity

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Moss v Howdle

Driving on motorway. Cramp, couldn't rely on necessity as there was an alternative action.

Dawson v Dickson

Fire officers. Was alternative choice of action.

Definition

Justification defence. Fear of death or injury unless otherwise acted. Danger must be immediate. There has to be a genuine belief that caused them to act in such a way.

Tudhope v Grubb

Satisfied necessity - accused put car in garage. Went to get it, was threatened by assault so got in the car. Charged with drink driving. Had no other choice so acquitted.

Ruxton v Lang

Timing is very important


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