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Regina v. Dudley & Stephens
This case is one of the classics of first year criminal law. Any lawyer you meet throughout your career is likely to remember it from their time in law school.
That said, the case is not easy to read. It is important to see that the English high court begins by summarizing the factual findings of the trial jury and noting that the jury was unable to come to a legal conclusion regarding the defendants' guilt. This surprises the high court, which spends much of its opinion considering whether some theory can excuse the defendants for their grisly acts.
The ultimate result in this case is also a surprise. Why do you think the crown, which began this prosecution, ultimately chose to spare the lives of the two defendants?
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