reject Argentina's plea based on the defence of necessity
First, one implication of the decision in Ryan is that the defence of necessity
must be re-evaluated.
At trial, the activists raise the defence of necessity
However, if the doctor reasonably believes that the patient is firm in her threats to go to a backstreet abortionist, he or she may rely on the defence of necessity
to protect the best interests of the patient.
59) Partly based on Krylov's opinion in the Corfu Channel case, Jimenez de Arechaga, in 1968 wrote that it may be concluded that "there is no general principle allowing the defence of necessity
Did the trial judge mishandle the defence of necessity
, resulting in an unfair trial?
They said: "The defence of necessity
only arises when there is a conscious dilemma faced by a person who has to decide between saving life or avoiding serious bodily harm on the one hand and breaking the law on the other.
Judge Phillips concluded that according to the Criminal Code, the demonstrators acted in accordance with both a defence of necessity
and defence of justification.
One is that in the circumstances of his case, "the common law defence of necessity
would be available to a doctor who, acting out of his professional and human duty, assisted him to die".
We didn't need to consider the defence of necessity
Mr Owen told the court that access to Lord Goldsmith's advice to Ministers was 'critical' for its defence of necessity
He was charged with possession of marijuana in 1987, but was acquitted after pleading the defence of necessity