How do I apply R v. Dudley and Stephens in an exam?

R v. Dudley and Stephens [1884]

14 QBD 273 (1884) · Queen's Bench Division · England and Wales

Classic necessity and homicide case.

Shipwrecked sailors killed and ate a cabin boy while adrift at sea.

Is necessity a defense to murder?

No. Necessity was not a defense to intentional murder on these facts.

Necessity generally does not excuse intentional killing of an innocent person.

The court refused to let perceived necessity justify selecting an innocent person to die.

Classic necessity and homicide case.

No related cases listed.

Review the ratio and reasoning before applying this case in problem questions.