The defence of necessity in the criminal law incorporates the moral principle that every individual who is not morally culpable for the of offence should not be punished. Such a common law defence to a crime applies only under circumstances where the individual had no other alternative but to break the law and, by breaking the law, committed a lesser harm than he or she would have done by observing it.

Identify the three elements the Supreme Court recognized that must be present to order for necessity to succeed as a defense

According to the court, why did necessity not apply in this case