necessity Cases

Question 1

R v Dudley and Stephens

Answer 1

Facts: 2 days killed and ate a cabin boy

Ratio: claim of necessity to save themselves from dying was rejected

Question 2

Re A (conjoined twins)

Answer 2

Facts: conjoined twins were born with one of them having no proper heart or lungs, She was being kept alive by the other twin. The parents refused to give consent to an operation to separate them. Doctors applied for a declaration that it was lawful to operate to separate the twins even though the weaker twin would certainly die

Ratio: defence of necessity would be available to the doctors were they to be charged with murder of the weaker twin

Question 3

R v shayler

Answer 3

Facts: d was a former member of the British security service. He was charged with disclosing confidential documents in breach of the official secrets act 1989

Ratio: defences of necessity and duress of circumstances and concluded that they are in effect of the same defence