THE DEFENSE OF NECESSITY IN THE CASE OF DUDLEY!&STEPHEN
Regina v Dudley and StephensPavlína Hojecká1. IntroductionRegina v. Dudley and Stephens, the famous story ofa shipwrecked boat, two starving castaways and their act of cannibalism is one of the most important criminal law cases in the common law world. It set the tone on the troubled issue of whether the defence of "necessity" should be available in circumstances where life was taken in order to preserve another's life. Holding that no such defence is available, judges placed strict limits on the doctrine of necessity and influenced the development of defences to crimes in the common law for another hundred years. In fact, thedecision still influences the law to the present day, as we will see while discovering the latest developments in this area of law.The significance of Regina v. Dudley and Stephens lies in the fact that the English courts, for the first time, decisively and absolutely laid down the common law concerning this issue and upheld the principle that human ...