There have, however, been exceptions where a defence of necessity has been allowed, either under common law or through specific statutory provision:
(a) Mouse's Case [1608] 12 Co Rep 63.
(b) Criminal Damage Act 1971, s 5(2)(b) (see Chapter 11).
(c) Traffic Signs Regulations and General Directions 1994, SI 1994/1519, reg 33 – which provides the specific defence for emergency service drivers 'jumping' red lights denied in Buckoke v GLC (above).
(d) Re A (Minors) Conjoined Twins: Medical Treatment [2000] 4 All ER 961 (CA), where the court confined its decision to the very special circumstances of the case. (e) In medical cases where what is done is considered to be in the best interests of the 'victim': [ case ], Re F (Mental Patient: Sterilisation) [1990] 2 AC 1 (HL).
Answer
Gillick v Wisbech and West Norfolk Area Health Authority [1986] AC 112 (HL)
Tags
#crime #defences #law
Question
There have, however, been exceptions where a defence of necessity has been allowed, either under common law or through specific statutory provision:
(a) Mouse's Case [1608] 12 Co Rep 63.
(b) Criminal Damage Act 1971, s 5(2)(b) (see Chapter 11).
(c) Traffic Signs Regulations and General Directions 1994, SI 1994/1519, reg 33 – which provides the specific defence for emergency service drivers 'jumping' red lights denied in Buckoke v GLC (above).
(d) Re A (Minors) Conjoined Twins: Medical Treatment [2000] 4 All ER 961 (CA), where the court confined its decision to the very special circumstances of the case. (e) In medical cases where what is done is considered to be in the best interests of the 'victim': [ case ], Re F (Mental Patient: Sterilisation) [1990] 2 AC 1 (HL).
Answer
?
Tags
#crime #defences #law
Question
There have, however, been exceptions where a defence of necessity has been allowed, either under common law or through specific statutory provision:
(a) Mouse's Case [1608] 12 Co Rep 63.
(b) Criminal Damage Act 1971, s 5(2)(b) (see Chapter 11).
(c) Traffic Signs Regulations and General Directions 1994, SI 1994/1519, reg 33 – which provides the specific defence for emergency service drivers 'jumping' red lights denied in Buckoke v GLC (above).
(d) Re A (Minors) Conjoined Twins: Medical Treatment [2000] 4 All ER 961 (CA), where the court confined its decision to the very special circumstances of the case. (e) In medical cases where what is done is considered to be in the best interests of the 'victim': [ case ], Re F (Mental Patient: Sterilisation) [1990] 2 AC 1 (HL).
Answer
Gillick v Wisbech and West Norfolk Area Health Authority [1986] AC 112 (HL)
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Open it ed Twins: Medical Treatment [2000] 4 All ER 961 (CA), where the court confined its decision to the very special circumstances of the case.
(e) In medical cases where what is done is considered to be in the best interests of the 'victim': <span>Gillick v Wisbech and West Norfolk Area Health Authority [1986] AC 112 (HL), Re F (Mental Patient: Sterilisation) [1990] 2 AC 1 (HL).<span><body><html>
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