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Necessity, Private Defence and the Killing of Mary

Rogers, J; (2001) Necessity, Private Defence and the Killing of Mary. Criminal Law Review 515 - 526.

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Abstract

I criticised the Court of Appeal in Re A: Conjoined twins for adopting that a utilitarian version of a defence of necessity, and argued that all the traditional problems with the defence were present in this case. I argued that we should not overlook the possibility of extending the scope of other defences instead, and that it was possible to hold that the separation of the conjoined twins could have been justified by invoking private defence.

Type:Article
Title:Necessity, Private Defence and the Killing of Mary
Additional information:This article has been cited in several textbooks and related articles and has drawn favourable citations from Professors Ashworth and Horder at Oxford University.
Keywords:conjoined twins, difference between necessity and best interests, difference between necessity and self-defence
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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