Q. On July 5th, 1984 four sailors were cast away from their ship in a storm 1,600 miles from the Cape of Good Hope. Their lifeboat contains neither water nor much food. On the 20th day of their ordeal, Dudley and Stevens, without the assistance or the agreement of Brooks, cut the throat of the fourth sailor, a 17- or 18-year old boy. They had not eaten since day 12. Water has been available only occasionally. At the time of the death, the men were probably about 1000miles from the land. Prior to his death, the boy was lying helplessly in the bottom of the boat. The three surviving sailors ate the boy's remain for 8 days, at which point they were rescued by a passing boat. They were in a seriously weakened condition.

(a) Were Dudlwy and Steven guilty of murder? Explain

(b) Should Brook have been charged with a crime of eating the boy's flesh? See the Queen v. Dudley and Stevens, 14 Queen Bench Devision 273 1884.