1. (1) Legal Reasoning
(2) Case study: R v Dudley & Stephens
(3) Case study: Re A (Conjoined Twins)

2. 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

3. 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

4. Legal Reasoning (Pt. 3) Step 3: Research Precedents
Custom and practices
Step 4: Analysis / Ask questions
Step 5: Conclusion

5. 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

6. 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

7. 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.”

8. 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

9. 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

10. 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

11. 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

12. 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?

13. Re A (Conjoined Twins) The Issues (Pt. 1)
Moral and ethical issues
Parent’s religion
Medical practices
Conflict of duty
Lesser of two evils

14. 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?