... set down the requirements for a successful plea which would result in the accused's acquittal. The Lord Advocate's Reference (No.1 of 2000)4 affirmed those requirements defined in Moss and developed some of the dicta in relation to the circumstances of fact in that particular case. As the defence is available to strict liability offences it is presumed that necessity does not negate mens rea and therefore must relate to the actus reus of a crime. The court in Moss stated that the defence is strictly only applicable 'where the accused acted in the face of an immediate danger of death or great bodily harm'. This condition ensures that the defence is kept within restricted limits to prevent exploitation. The Lord Advocate's Reference (No. 1 of 2000) confirmed this minimum requirement and elaborated on the thoughts behind it. The court stated that 'Unless the danger is immediate, in the ordinary sense ...

See this essay or coursework document in full right now