Re A (Children) (Conjoined Twins)

Facts

Jodie and Mary were born joined. Mary depended on Jodie's heart and lungs. Without separation both would die within months. Separation would kill Mary at once and give Jodie a chance of life. The parents refused, on religious grounds. The hospital asked the court to authorise the operation.

Issue

Can necessity justify an operation that will kill one twin in order to save the other?

Held

The Court of Appeal held that it could. The doctors were under conflicting duties. The operation was necessary to avoid the death of both, it was no more than reasonably necessary, and the death of the weaker twin was not disproportionate to the death of both.

Principle

Necessity can, in an extreme case of conflicting duties, be a defence to what would otherwise be murder. It is not a general defence of choosing the weaker person.

Why it matters

It does not overrule Dudley. There was no selection of a victim who could otherwise have lived.

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