Three Seamen
namely Dudley, Stephens and Brooks and a cabin boy of 18 Years were the crew of
an English Vessel. While prosecuting Voyage on high seas, due to ship-wreck
(ship strikes against a rock or hill resulting in an accident), the three
seamen and the boy escaped and were put into open boat. On 29th day,
when they has no food for eight days and no water for five days, Dudley and
Stephens killed the boy and fed on the flesh and blood for four days to survive
themselves. On the fourth day, they were picked up by a passing vessel. After
reaching the shore, they were prosecuted the tried for the murder of the boy.
The accused pleased the defence of necessity to get exemption from the criminal
liability.
The Privy Council held the accused guilty
of murder and convicted them on the ground-
- Self preservation is not an absolute necessity;
- No man has a right to take another’s life to preserve his own; and
- There is no necessity that justifies homicide.
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