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ARTICLE · 04 APRIL 2020

What is the common law defence of necessity?

The defence of necessity is when natural or human threats induce a person to break the law to avoid dire consequences.

AustraliaCriminal Law

Police have reported that just after 5pm on Friday, 27 March 2020, police sought to pull over an Audi case that was being driven on Greenacre Road in Greenacre, south-western Sydney.

According to police, the vehicle accelerated to at least 120km/h in a 50km/h zone, running a red light at the intersection of Mimosa Road before crossing unbroken lines to overtake a vehicle and making a right turn in Macquarie Street.

The vehicle then allegedly failed to obey a stop sign, before turning right onto Roberts road and coming to a stop in heavy traffic.

When approached by police, the 25 year old driver allegedly refused to exit the vehicle and was physically removed.

She allegedly continued to resist, telling police she was rushing to be tested for COVID-19 and 'repeatedly coughing in the officer's face'.

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