NSW Cannibalism Law in Australia?

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Toqual

Well-Known Member
10 July 2014
130
9
414
Are there any existing cannibalism laws in NSW? I have been unable to find any. Is cannibalism legal in Australia?
 
S

Sophea

Guest
Hey Toqual,

There is the provision in the Criminal Code for misconduct with respect to corpses at section 81C. I don't know whether that would extend to cannibalism or not. Maybe look at some case law on it?
 

Toqual

Well-Known Member
10 July 2014
130
9
414
Thanks.
 

miss alley

Active Member
21 April 2014
8
2
34
Melbourne
See criminal law case of E v Dudley & Stevens, Wikipedia link:

http://en.m.wikipedia.org/wiki/R_v_Dudley_and_Stephens

Extract from Wikipedia:

"R v Dudley and Stephens
(1884) 14 QBD 273 DC is a leading Englishcriminal case which established aprecedent, throughout the common lawworld, that necessity is not a defence to a charge of murder. It concerned survival cannibalism following ashipwreck and its purported justification on the basis of a Custom of the Sea.[1]

Even if thought to be the defence of self defence to the charge of murder (as in, eating this person will save your life, not doing so will kill you), if is NOT ok to kill and eat someone. Also to eat someone who is already dead would be interfering with a corpse, which again is criminal (and rather putrid). Classic criminal law case that challenges one's philosophical understanding of what makes and act criminal and why culpability and vulnerability are significant considerations in deciding what behaviour us criminal and in the sentencing of offenders. For a really good discussion of the case see Mirko Bargaric, Kenneth J Arenson & Peter Gillies' book "Criminal Law in the Common Law Jurisdictions". Fantastic and thought provoking chapters on necessity.