Duress by Necessity

Question 1

R v Dudley and Stephens

Answer 1

• Two sailors cast adrift ate the cabin boy to survive.
• Existence of Necessity as a Defence
• The defence was refused - no life is worth more than another.

Question 2

Re F

Answer 2

• A health authority applied to have severely mentally disabled patient sterilised due to the high risk of pregnancy,
• Existence of Necessity as a Defence
• Sterilisation was allowed by the House of Lords on grounds of necessity.

Question 3

Re A (Lord Brook)

Answer 3

• A health authority applied to have conjoined twins separated, which could result in one twin’s death.
• Limitation of Necessity as a Defence
• Lord Brook stated and applied a 3-step test of necessity; allowing the surgeons the defence if charged with murder.

Question 4

R v Shayler

Answer 4

• D, a former member of MI5, was charged with breaching the Official Services Act 1989.
• Limitation of Necessity as a Defence
• There was no defence, and the test in Re A applied.