This is an old case from the mid-1800s but is interesting because it raises quite a few questions about what constitutes a defence to murder. It also continues a theme I have previously broached on here, which some people may find offensive. It doesn’t bother me much as I don’t eat meat anyway.
After a shipwreck in the mid-Atlantic, Messrs Dudley and Stephens found themselves adrift in a small boat with the 18 year old cabin boy, Richard Palmer (there was a fourth man with them, but he played no part in what happened next, so I’m ignoring him). After a week, they had run out of food and had minimal fresh water left, and there was nothing on the horizon to indicate that there was a chance of rescue. So they decided to draw lots on the principle that the loser would be murdered and eaten, to give the others more chance of surviving. No prizes for guessing who drew the short straw.
So, Dudley and Stephens promptly slit the poor lad’s throat and proceeded to live off him until they were finally rescued about three weeks later. They were near to death when they were picked up and freely admitted what they had done, but claimed they had killed the boy “out of necessity.” Unfortunately, the Court disagreed that it was ever necessary to kill anyone, so Dudley and Stephens were found guilty and hanged.
Now I was thinking about how this principle applied, especially since many years later, the survivors of an air crash in the Andes were acquitted of the same charges in very similar circumstances – but then the penny dropped. The Andean crash survivors hadn’t killed anyone. They survived by eating people who had already died, so they hadn’t committed murder and consequently could not be liable.
Clearly, it seems to be the Court’s way of thinking that in such a situation, a person would simply have to starve, unless they can show that the person they are eating died without their assistance – which could be tricky, given where most of the evidence will end up. That said, it’s worth bearing in mind in case you ever find yourself stranded on a life raft with someone you don’t like very much and you’re miles from the nearest takeaway.