Legal Analysis: Murder Charges Against Eco-Warrior Sailors, Exams of Law

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PRIFYSGOL ABERYSTWYTH UNIVERSITY

DEGREE EXAMINATIONS 2011

DEPARTMENT OF LAW AND CRIMINOLOGY

LEGAL PROCESS (LA31010)

Time allowed ONE AND A HALF hours

Candidates may bring into the examination unmarked copies of the following:

Lon Fuller “The Case of the Speluncean Explorers” (1949) 62 Harv. L. Rev. 616

AND

R v Dudley and Stephens [1884] 14 QBD 273 DC

Unmarked material which is permitted to be taken into the examination must remain unmarked for the duration of the examination. (Highlighting & underlining are permitted).

Please answer EACH of the following COMPULSORY questions:

1. In the fictional land of Zog which is suffering huge climate change, 5 eco-warrior sailors go out on an expedition to find a rare species of Dolphin. They believe these Dolphins holds the key to saving the planet and will stop at nothing to find them.

On route, while negotiating the tough seas of Aba, they encounter a severe storm which they only just make it through. However, their ship, the Polar Bear, has been damaged. There is a large hole in the side from which all the supplies of food have fallen out. The Captain, a man named Swampy, and his 4 crew felt that despite the loss of their supplies they should continue in search of the Dolphins as mankind and the planet were at risk. As such, they didn’t eat for as long as they could manage, about a week, before deciding the only way to continue would be to kill and eat the most junior of the crew, Master Ireland. Despite his protests, he was promptly killed and consumed.

After months at sea, the warriors returned without having found the Dolphins or any key to saving the planet and were charged with murder.

Taking and referencing the arguments given in:  R v Dudley and Stephens [1884] 14 QBD 273 DC (previously distributed)  The case of the Speluncean Explorers (previously distributed)

Please do the following:  Critically analyse the merit of finding guilt and convicting the men of murder  Critically analyse the merit of finding innocence and not convicting the men of murder

Please turn over…..

2.

A) Anything standing, whether permanent or not, can be a “building” or “part of a building” for the purposes of Section 9 of the Theft Act 1968.

B) When a person enters a building with permission, he can never be found guilty of burglary.

Discuss these statements with reference to case law.