Transcript Research Topic Review - University of Hong Kong




(1) Legal Reasoning
(2) Case study: R v Dudley & Stephens
(3) Case study: Re A (Conjoined Twins)
Legal Reasoning (Pt. 1)

Step 1: Study the facts
 Consequences of addition or elimination of
a fact
 Find out more / ask questions
 E.g. time of the day, whether
 Protective goggles example
Legal Reasoning (Pt. 2)

Step 2: Identify the issues
 Legal rules
 Exceptions to the legal rules
 Authority of the rules?
 Moral/ethical considerations
 Public policy
Legal Reasoning (Pt. 3)



Step 3: Research
 Precedents
 Custom and practices
Step 4: Analysis / Ask questions
Step 5: Conclusion
R v Dudley & Stephens
The Facts (Pt. 1)



19th May 1884
A ship set sail from Southampton, England to
Sydney, Australia
Four crew members:





Dudley (Captain)
Stephens
Brooks
Parker (Cabin boy)
Bad weather – ship sunk
R v Dudley & Stephens
The Facts (Pt. 2)





Stranded on lifeboat for 12 days
Limited rations and provisions
Decided to kill Parker
Fed on his body for 4 days
Later the remaining crew were
saved, but were charged with
murder
R v Dudley & Stephens
The Issues (Pt. 1)

Moral and ethical issues




Survival
Cannabilism
Jesus and the Bible teachings
“To preserve one's life is generally speaking a
duty, but it may be the plainest and the highest
duty to sacrifice it. [...] It is not correct, therefore,
to say that there is any absolute or unqualified
necessity to preserve one's life.”
R v Dudley & Stephens
The Issues (Pt. 2)


Naval customs and practices
 Rules of the sea
 Cabin boy & Parker’s family
Policy issues
 Dangerous precedent?
 Promotion of values
R v Dudley & Stephens
The Issues (Pt. 3)


Legal issue
 Defence of necessity – rejected by Lord Coleridge
 Defence of consent
Sentencing issues
 Original life sentence
 Public opinion and discontent – 6 months
Re A (Conjoined Twins)
The Facts (Pt. 1)





Jodie and Mary
Conjoined by the spine
Jodie healthy
Mary’s hearts and lungs
Mary relies on Jodie for
oxygen and blood
Re A (Conjoined Twins)
The Facts (Pt. 2)



The problem:
 Mary sapping strength
 Life expectancy - 6 months
The doctor’s solution: surgery
The problem with the solution: Jodie would survive,
but Mary would definitely die
Re A (Conjoined Twins)
The Facts (Pt. 3)


The doctors asked the court for permission
“Save Jodie but murder Mary. I put it starkly but that
may be what you are inviting the court to do” - Lord
Justice Ward

Question: Will the doctors commit murder?
Re A (Conjoined Twins)
The Issues (Pt. 1)

Moral and ethical issues


Parent’s religion
Medical practices


Conflict of duty
Lesser of two evils
Re A (Conjoined Twins)
The Issues (Pt. 2)

Policy issues



Sanctity of life
Dangerous precedent?
Legal issues




Self-defence
Duress of circumstances
Defence of necessity - precedent of Dudley v Stephens
Final decision: Family or Court or Doctors?