R v Dudley and Stephens

Facts

After a shipwreck, Dudley, Stephens and two others were adrift. They killed the cabin boy and ate him. They were picked up four days later. They said they would otherwise have died.

Issue

Is necessity a defence to murder?

Held

No. They were convicted of murder. The sentence of death was later commuted. Necessity did not justify killing the boy. Drawing lots would not have made the killing lawful either.

Principle

Choosing a victim so that others may live is not a defence to murder.

Why it matters

Self-defence is the acknowledged exception. Re A is the later case of conflicting duties, and it is not a licence to repeat Dudley.

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