When a person freely admits that committed an act (the offence), but says it was an act of necessity that avoided irreparable harm to themselves or another person, the necessity defence can be applied.

Evidence must be presented whereby the person accused of the offence  can prove that they were acting out of necessity, which can be extraordinarily difficult to prove, since it is  a subjective view most of the time, with consequences not set in stone. The options for what constitutes necessity vary depending on many circumstances and states of mind.

The jury will  examine the details of the case and the varying degrees in which harm was done, could have been done, or what the need was. A good example of this is a driver speeding to take a woman in labour to the hospital.

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