Which case holds that the defence of necessity is not available for murder?

• A. R v Lazarus [2017]
• B. R v Mueller [2005]
• C. Lindsay v The Queen [2015]
• D. R v Dudley and Stephens [1884]

Answer: (D)

The key idea is that the defense of necessity cannot justify murder. In common law, even in dire situations, taking a life isn’t excusable because saving oneself or others doesn’t make murder okay. The leading authority on this is R v Dudley and Stephens, where shipwreck survivors killed a fellow passenger to eat him to survive. They argued necessity, but the court held that a person cannot rely on necessity to defend a murder charge; allowing such a defense would undermine the value of human life and permit homicide whenever people face peril. So, the defense is simply not available for murder, even in extreme circumstances. The other cases touch on different legal questions and do not establish this rule for murder.