reject Argentina's plea based on the defence of necessity,
emphasizes an object of the exclusion--the defence of necessity. On the
defence of necessity whilst at the same time denying its plea justifying
Whatever the anticipated effects of climate change, the question raised by the fictive scenario about the use of the defence of necessity is not purely hypothetical.
Greenpeace activists who had attempted to shut down a coal-fired power station by climbing its chimney were cleared of criminal charges, as it was held that they were trying to prevent climate change from causing greater property damage, is In 2009, a court rejected the defence of necessity raised by twenty-two activists who hijacked a coal train to stop emissions from another power station in order to fend off imminent devastation due to global warming.
Beyond circumstantial justifications, a study of the defence of necessity in times of environmental crisis sheds light on more fundamental questions raised by the dialectical tension between certainty and flexibility within the legal order.
It wrote: "The defence of necessity
is narrow and of limited application in criminal law.
However, the discussion will also be significant for the defence of necessity. I will argue that the developments in the law of duress, as explained in Ryan, demand similar changes to the defence of necessity.
Section 8(3) also prevents necessity from intruding on self-defence and the statutory version of duress in section 17 of the Code, since those are circumstances which have been altered by the Criminal Code, and since common law duress is a more specific rule, it takes priority over the general defence of necessity when it applies.
In those cases, the accused could have successfully pleaded the common law defence of necessity had it not been replaced by statutory self-defence.
Mr Owen told the court that access to Lord Goldsmith's advice to Ministers was 'critical' for its defence of necessity.
The group has argued that its actions were necessary to prevent loss of life and has lodged a defence of necessity, in the same vein as GCHQ whistleblower Katharine Gun.
He was charged with possession of marijuana in 1987, but was acquitted after pleading the defence of necessity
. His acquittal was upheld on appeal.
Lord Sutherland stated: "The defence of necessity
only arises when there is a conscious dilemma.
Opposing the appeals, Crown counsel Mukul Chawla QC said: ``The defence of necessity
exists as a realistic and humane concession to human frailty, excusing a breach of the law in extreme circumstances.