Murder and the Defence of Necessity

46 Pages Posted: 6 May 2008 Last revised: 23 Jun 2008

See all articles by Daniel Pascoe

Daniel Pascoe

City University of Hong Kong (CityUHK) - School of Law; City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law

Date Written: June 22, 2008

Abstract

This honours paper was supervised by Dr. Gregor Urbas. This article discusses the criminal law defence of necessity, as applied to a murder charge in Australian jurisdictions. In the article, I argue that necessity should be available as a complete statutory defence to murder in all Australian jurisdictions, if certain conditions are met. To reach this conclusion, I first analyse the state of the law of necessity across the Australian and UK jurisdictions, give reasons for the scope of the defence extending to murder cases (based on utilitarian and deontological theories) and finally provide a statutory framework for a uniform defence to a murder charge. The article makes use of real-life and hypothetical examples in order to demonstrate the practical effect of necessity applying to a murder charge in different situations.

Keywords: Criminal Law, Necessity, Murder, Duress, Utilitarianism, Deontology

Suggested Citation

Pascoe, Daniel, Murder and the Defence of Necessity (June 22, 2008). ANU College of Law Research Paper No. 08-07. Available at SSRN: https://ssrn.com/abstract=1129090 or http://dx.doi.org/10.2139/ssrn.1129090

Daniel Pascoe (Contact Author)

City University of Hong Kong (CityUHK) - School of Law ( email )

Tat Chee Avenue
Kowloon Tong, Kowloon
Hong Kong

HOME PAGE: http://www6.cityu.edu.hk/slw/people/people_daniel.html

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong

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