R. v. Dudley & Stephen stands for the principle that:

Option A: Killing an innocent life to save his own is not a defence and necessity cannot be pleaded as a defence against murder

Option B: Necessity can be pleaded as a defence against murder, killing an innocent life to save his own may become inevitable

Option C: Killing out of mercy is a defence and necessity cannot be pleaded as a defence against murder

Option D: None of the above

Correct Answer

Option: a

Explanation

R v. Dudley & Stephens, (1884) 14 QBD 273 D-Necessity is no defence for a crime: A man who, in order to escape death from hunger, kills another for the purpose of eating his flesh, is guilty of murder; although at the time of the act he is in such circumstances that he believes and has reasonable ground for believing that it affords the only chance of preserving his life. Held: (i) Killing an innocent life to save one’s own life is not a defence; and (ii) no defence of necessity to a charge of murder.

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