CITATION: (1884) 14 QBD 273
Facts of the Case:
In this case, Thomas Dudley and Edward Stephens were crew members of the yacht Mignonette, which sank at sea. They, together with Brooks and 17-year-old cabin boy Richard Parker, survived in a small lifeboat.
After about 20 days without food and with very little water, Parker became extremely weak and was close to death. Dudley and Stephens decided to kill Parker so that the others could survive. Dudley killed Parker by cutting his throat, and the three survivors subsequently ate his body.
They were rescued several days later and, upon their return to England, Dudley and Stephens were tried for murder.
Legal Issue:
The legal issue was whether the defence of necessity could excuse the intentional killing of an innocent person where the defendants believed that killing was necessary for their own survival.
To the Decision of the Court
The Court held that necessity was not a defence to murder. The Court acknowledged the extreme circumstances faced by the defendants but rejected the argument that one innocent person could lawfully be killed to save the lives of others. Dudley and Stephens were therefore convicted of murder and sentenced to death. The sentence was later commuted by the Crown to six months’ imprisonment.
How Do You Apply This Principle?
The case establishes that necessity does not justify the intentional killing of an innocent person merely because doing so may preserve the lives of others.
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