Criminal law and the necessity defence ? help ! Urgent !Watch
Within the scenario there are 2 rock climbers who reach the top of a mountain and begin to descend to the base using the same rope.one individual slipped dragging B to the edge, in fear of slipping he cuts the rope to save himself
I'm required to argue on the ground that the defence of necessity should not apply. The precedent setting case is Dudley v Stephens but what else could I use ?
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1) Hale's Pleas of the Crown, p. 491: (where the rules of necessity is expressed)
2) R v Howe (Michael Anthony): (States that necessity cannot be used as a defence to murder)
3) Abbot v Queen, The: (States again that necessity cannot be used as a defence to murder)
I'm fairly new to all this kinda stuff though