Legal Reasoning Flashcards
R V DUDLEY AND STEPHENS
4 men stuck in a lifeboat, little food and water. On the 18th day, suggests come about that one man should be killed for food.
On the 20th day, Dudley and Stephens kill Richard Parker.
They all feed on him.
Few days later they are rescued.
R V DUDLEY AND STEPHENS
Is necessity a defence to murder?
No proof of anything that justify’s killing the boy. Dudley and Stephens are guilty
R V DUDLEY AND STEPHENS
Ratio Decidenti
A man who, in order to escape dying of hunger, kills another for the purpose of eating his flesh, is guilty of murder-even though at the time of the act he is in such circumstances that he believes and has reasonable grounds for believing that is affords the only chance of preserving his life. I.E necessity is NOT a defence to murder
US V HOLMES
A ship struck an iceberg and crew and passengers get separated. Captain orders passengers in other boat to obey the first mate. His boat is overcrowded and leaking. First mate orders first to throw male passengers over board and crew did so. Crew and Mate convicted
It is the duty of crew members to ensure the safety of the passengers. Crew have a duty of care towards them.
