Author: Gary Lopez

The necessity defence allows a person to commit a criminal act during an emergency to prevent greater harm. This defence can excuse the person’s actions or judge that no crime occurred. However, this defence is not easy to use and has strict requirements: Reasonable Belief: The person must genuinely and reasonably believe there is an immediate threat. For instance, consider a school bus driver who loses control of the brakes while transporting children on a mountain road. This situation presents a clear and immediate danger of the bus veering off the road. A reasonable person would recognise this as a…