​KembaraXtra-Case Law- Dudley and Stevens (1884) QBD-The Defence of Necessity
​This guide outlines the legal principle of necessity in English law, focusing on a foundational case.

1. The Principle of Necessity

• Definition: Necessity is a legal defence that may, in certain limited circumstances, justify actions that would otherwise be considered unlawful. It arises when an individual commits a crime to prevent a greater harm from occurring.
• Application: The core idea is that the law may tolerate a lesser wrong to avert a more significant evil.

2. Key Case: Dudley and Stevens (1884) QBDThis landmark case established a crucial limitation on the defence of necessity.

• Facts:
  • Two defendants and a cabin boy were shipwrecked and adrift at sea for 20 days.
  • After eight days without food and six days without water, the defendants, fearing imminent death, killed the cabin boy.
  • They consumed his flesh and blood for sustenance.
  • They were subsequently rescued.
• Defence Argument: The defendants argued that killing the cabin boy was necessary for their survival, and that he would have died imminently regardless.
• Court's Decision:
  • The defendants were convicted of murder.
  • The court held that necessity was NOT a defence in this situation.
• Reasoning (Lord Coleridge CJ):
  • The law does not permit individuals to declare temptation as an excuse for criminal conduct.
  • Compassion for the accused cannot alter or weaken the legal definition of a crime.
  • The court emphasized that individuals do not have the right to take another person's life, even to save their own.
• Outcome:
  • Despite the conviction for murder, the death penalty was commuted to six months' imprisonment. This highlights the tension between the strict legal application of the law and potential considerations of mitigating circumstances, though the core principle regarding necessity remained firm.

3. Core Takeaway on Necessity in English Law (Post-Dudley and Stevens)

• Strictly Limited: As established by Dudley and Stevens, necessity is generally not a defence in English law, particularly when it involves taking an innocent life.
• No Right to Self-Preservation by Killing: The law does not grant individuals the right to preserve their own lives