WDW101Y1 Lecture Notes - Actus Reus, Mens Rea, Dont
5 Feb 2013
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Dudley, stephens and brooks killed and ate parker after 20 days at sea with no food or water. Parker did not consent to this although was likely to die first. They would all have died of famine other wise. Was it better to have committed or not, 3 lives were saved as opposed to 4 lives being lost at the same time they were intentional killing. Now it is admitted that the deliberate killing of this unoffending and unresisting boyw as clearly murder, unless the killing can be justified by some well-recognized excuse admitted by law . Ruling: there is no absolute or unqualified duty/necessity to preserve one"s life chose the weakest, youngest and most unresisting. Not necessary to kill him over any other. Arrest and charged with importing marijuana into canada sought refuge in canadian waters ship ran aground captain ordered the cargo to be offloaded for fear the boat would capsize relied on the defence of necessity .
