法律英语词汇“necessity”的翻译、意思、用法、释义-法律词典

单词

necessity

释义

necessity

necessity a defence in criminal matters that may mitigate but not exculpate, as in the famous case of R v. Dudley and Stevens (1884) 14 QBD 273, in which a pair of starving survivors of a ship that had recently sunk ate their fellow survivor, the cabin boy. Although con- victed of murder, they were not executed. In the English case of R v.

265

negative clearance

Blackshall [1998] TLR 243, it was held that necessity or duress of cir- cumstances is available as a defence to a case of careless driving where the accused was driving away from a road rage attack. Rea- sonable perception of a threat is sufficient: R v. Cairns [1999] TLR 275. In one Scottish case, a driver trying to escape an assault was acquit- ted of drink driving: Tudhope v. Grubb [1983] SCCR 368. The Scottish High Court of Justiciary has now fully recognised this concept: Moss

v. Howdle 1997 SLT 782.

In the USA it was held that in a shipwreck the core crew should be saved first to pilot the ship. After that, supernumerary seamen are first sacrificed and only then (presumably) the passengers. 'There is, however, one condition of extremity for which all writers have pre- scribed the same rule. When the ship is in danger of sinking, but all maintenance is exhausted, and a sacrifice of one person is necessary to appease the hunger of others, the selection is by lot. This mode is reported to as the fairest mode, and, in some sort, as an appeal to God, for the selection of the victim': US v. Holmes 26 Fed. Cas. 360 (1842).

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