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R v Dudley and Stephens
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R v Dudley and Stephens
R v Dudley and Stephens (1884) 14 QBD 273, DC is a leading English criminal case which established a precedent throughout the common law world that necessity is not a defence to a charge of murder. The case concerned survival cannibalism following a shipwreck, and its purported justification on the basis of a custom of the sea.
In 1884, the four-man crew of the wrecked yacht Mignonette were cast adrift in a small lifeboat without provisions. After nearly three weeks at sea, and with little hope of rescue, two of the crew, Tom Dudley and Edwin Stephens, decided that in order to save their own lives they would need to kill and eat the ship's 17-year-old cabin boy Richard Parker, who by that time had fallen seriously ill after drinking seawater. The defendants were found guilty and were sentenced to the statutory death penalty, though with a recommendation of mercy. They were released soon after the conviction.
The case marked the culmination of a long history of attempts by the law, in the face of a bank of public opinion sympathetic to famished castaways, to outlaw the custom of cannibalism (cases of which were little publicised until after the death of perpetrators) and it became a legal cause célèbre in late 19th-century Britain, particularly among mariners.
The yacht Mignonette was a 19.43 net t., 52-foot (16 m) cruiser built in 1867. It was an inshore boat, not made for long voyages. Australian lawyer Jack Want purchased it in 1883 for leisure. The vessel could at decent cost be transported to Australia by sailing, but its size and the 15,000-mile (24,000-km) voyage daunted attempts that year to find a suitable crew. It left Southampton on 19 May 1884 bound for Sydney with a crew of:
On 5 July, Mignonette was running before a gale, around 1,600 miles (2,600 km) northwest of the Cape of Good Hope. The vessel was not struggling and Dudley gave the order to heave to so that the crew could enjoy a good night's sleep. As the manoeuvre was completed, and Parker was sent below to prepare tea, a wave struck and washed away the lee bulwark.
Dudley instantly realised that the yacht was doomed and ordered the single 13-foot (4 m) lifeboat to be lowered. The lifeboat was of flimsy construction, with boards only 0.25 inches (6 mm) thick and was holed in the haste to get it away. Mignonette sank within five minutes of being struck and the crew abandoned ship for the lifeboat, managing only to salvage vital navigational instruments along with two tins of turnips and no fresh water. Theories abound of the structural inadequacies of Mignonette that could not withstand the onslaught of a gale.
Dudley managed to improvise a sea anchor to keep the lifeboat headed into the waves and maintain her stability. Over the first night, the crew had to fight off a shark with their oars. They were around 700 miles (1,100 km) from the nearest land, Saint Helena or Tristan da Cunha. Dudley kept the first tin of turnips until 7 July when its five pieces were shared among the men to last for two days. On or around 9 July, Brooks spotted a turtle, which Stephens dragged on board. This yielded about three pounds (1.4 kg) of meat each plus the bones, which, along with the second tin of turnips, lasted until 15 or 17 July. They were unable to drink its blood after it became contaminated with seawater. The crew failed to catch any rainwater and by 13 July, with no other viable source of liquid, they began to drink their own urine. It was probably on 20 July that Parker became ill through drinking seawater. Stephens also became unwell, possibly from the same cause.
Drawing lots to choose a victim who would die to feed the others was possibly first discussed on 16 or 17 July, and debate seems to have intensified on 21 July but without a resolution. On 23 or 24 July, with Parker probably in a coma, Dudley told the others that it was better that one of them die so that the others would survive and that they should draw lots. Brooks refused. That night, Dudley again raised the matter with Stephens pointing out that Parker was probably dying and that he and Stephens had wives and families. They agreed to leave the matter up until the morning.
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R v Dudley and Stephens
R v Dudley and Stephens (1884) 14 QBD 273, DC is a leading English criminal case which established a precedent throughout the common law world that necessity is not a defence to a charge of murder. The case concerned survival cannibalism following a shipwreck, and its purported justification on the basis of a custom of the sea.
In 1884, the four-man crew of the wrecked yacht Mignonette were cast adrift in a small lifeboat without provisions. After nearly three weeks at sea, and with little hope of rescue, two of the crew, Tom Dudley and Edwin Stephens, decided that in order to save their own lives they would need to kill and eat the ship's 17-year-old cabin boy Richard Parker, who by that time had fallen seriously ill after drinking seawater. The defendants were found guilty and were sentenced to the statutory death penalty, though with a recommendation of mercy. They were released soon after the conviction.
The case marked the culmination of a long history of attempts by the law, in the face of a bank of public opinion sympathetic to famished castaways, to outlaw the custom of cannibalism (cases of which were little publicised until after the death of perpetrators) and it became a legal cause célèbre in late 19th-century Britain, particularly among mariners.
The yacht Mignonette was a 19.43 net t., 52-foot (16 m) cruiser built in 1867. It was an inshore boat, not made for long voyages. Australian lawyer Jack Want purchased it in 1883 for leisure. The vessel could at decent cost be transported to Australia by sailing, but its size and the 15,000-mile (24,000-km) voyage daunted attempts that year to find a suitable crew. It left Southampton on 19 May 1884 bound for Sydney with a crew of:
On 5 July, Mignonette was running before a gale, around 1,600 miles (2,600 km) northwest of the Cape of Good Hope. The vessel was not struggling and Dudley gave the order to heave to so that the crew could enjoy a good night's sleep. As the manoeuvre was completed, and Parker was sent below to prepare tea, a wave struck and washed away the lee bulwark.
Dudley instantly realised that the yacht was doomed and ordered the single 13-foot (4 m) lifeboat to be lowered. The lifeboat was of flimsy construction, with boards only 0.25 inches (6 mm) thick and was holed in the haste to get it away. Mignonette sank within five minutes of being struck and the crew abandoned ship for the lifeboat, managing only to salvage vital navigational instruments along with two tins of turnips and no fresh water. Theories abound of the structural inadequacies of Mignonette that could not withstand the onslaught of a gale.
Dudley managed to improvise a sea anchor to keep the lifeboat headed into the waves and maintain her stability. Over the first night, the crew had to fight off a shark with their oars. They were around 700 miles (1,100 km) from the nearest land, Saint Helena or Tristan da Cunha. Dudley kept the first tin of turnips until 7 July when its five pieces were shared among the men to last for two days. On or around 9 July, Brooks spotted a turtle, which Stephens dragged on board. This yielded about three pounds (1.4 kg) of meat each plus the bones, which, along with the second tin of turnips, lasted until 15 or 17 July. They were unable to drink its blood after it became contaminated with seawater. The crew failed to catch any rainwater and by 13 July, with no other viable source of liquid, they began to drink their own urine. It was probably on 20 July that Parker became ill through drinking seawater. Stephens also became unwell, possibly from the same cause.
Drawing lots to choose a victim who would die to feed the others was possibly first discussed on 16 or 17 July, and debate seems to have intensified on 21 July but without a resolution. On 23 or 24 July, with Parker probably in a coma, Dudley told the others that it was better that one of them die so that the others would survive and that they should draw lots. Brooks refused. That night, Dudley again raised the matter with Stephens pointing out that Parker was probably dying and that he and Stephens had wives and families. They agreed to leave the matter up until the morning.
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