Which of the following best defines the defense of necessity in common law?

Prepare for your OCR A-Level Law Exam. Practice with flashcards and multiple choice questions, each question includes hints and explanations. Get exam-ready!

The defense of necessity in common law is primarily about breaking the law to prevent a greater harm from occurring. This legal principle operates on the notion that in certain emergencies, the pressure to act in a way that would normally be considered unlawful is justified if the action taken is meant to avert a more significant harm or danger.

In applying this defense, the individual must demonstrate that their illegal conduct was not only a response to an imminent threat but also necessary to protect themselves or others from a more significant risk, such as severe injury or death. This is often assessed through a proportionality test, considering whether the harm caused by the unlawful act is less than the harm avoided.

While the other options touch on various aspects related to the urgency or ethics of breaking the law, they fail to encapsulate the essence of the necessity defense as it focuses explicitly on the justification of illegal actions in light of preventing greater harm. For instance, the notion of committing a crime to achieve a societal goal may relate more to utilitarian ethics than to the necessity defense, and a crime committed due to an immediate physical threat could be better aligned with other defenses like self-defense. Similarly, a strategic decision in criminal enterprises does not align with the rationale of necessity, which emphasizes an emergency context

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