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The case of R v Dudley and Stephens is a unique form of crime, which revealed the major underlying fact that one cannot defend himself or herself against a murder charge due to necessity. It is important that the case was an abhorrent one, which involved cannibalism and the murder of a crew member. The crew comprised Richard Parker, Edmund Brooks, Edwin Stephens, and Tom Dudley, the captain. A gale resulted in a yacht being hit with a powerful wave, which led to the abandonment of the ship with the use of a lifeboat.
The loss of the yacht took place on July 5, 1884, and until July 7 of the same year, men survived by sharing turnips. On July 9, the crew was able to spot a turtle and capture it for consumption. It should be noted that the lack of water was the most challenging part of the survival, and although the animal provided some amount of meat and bones, its liquids were contaminated with seawater. The thirst became an ever-increasing problem for the crew, leading them to take desperate measures of drinking their urine on July 13. After three days, two crew members, Stephens and Parker, became sick due to drinking the seawater. After several days passed for their thirst and hunger to intensify, between July 16 and 17, discussions about cannibalism began. The conversation gradually turned into a heated debate and arguments by July 21, and after three days, Parker fell into a coma. The captain proposed to feed on Parker in order for them to survive and objected to Stephens having a family to take care of, but his arguments were not convincing.
Around July 25, 1884, the captain and Stephens decided to kill Parker to cannibalize him. The key reasoning was that natural death would render the victim’s blood undrinkable, and thirst was the most important incentive and problem. Although Tom Dudley claims that Brooks did not protest against the two, the latter claims that he was not involved in the decision-making. After saying the prayer, the captain used a penknife to stab the jugular view of the victim while Stephens was holding his legs in case of resistance. It was reported that Parker stated, “what me?” with confusion before dying from the attack. Subsequently, the remaining crew feasted upon Parker’s corpse and consumed his blood to satisfy their thirst. It was reported that both Brooks and the captain ate the most parts of the victim’s body, whereas Stephens only consumed the least.
The crew spotted a sail on July 29, which rescued them on a bark called Montezuma. The three men were brought to Falmouth on September 6. The crew reported the loss of the ship in accordance with the Merchant Shipping Acts. There was a sense of belief among Stephens and Dudley that their act of cannibalism would not result in persecution due to the custom of the sea. However, the two crew members were charged with murder, but they were able to convince the jury that it was an absolutely necessary action for them to survive, which did not result in any verdict. The case was transferred to the High Court, where Lord Coleridge decided that Stephens and Dudley were guilty. The death sentence was prescribed for the offenders, but the public outcry turned it to six months of imprisonment. The reasoning for the murder charge is that necessity does not justify murder in any situation.
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