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NSW Cannibalism Law in Australia?

Discussion in 'Criminal Law Forum' started by Toqual, 12 August 2014.

  1. Toqual

    Toqual Well-Known Member

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    Are there any existing cannibalism laws in NSW? I have been unable to find any. Is cannibalism legal in Australia?
     
  2. Sophea

    Sophea Well-Known Member

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    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?
     
  3. Toqual

    Toqual Well-Known Member

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    Thanks.
     
  4. winston wolf

    winston wolf Well-Known Member

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    Probably interfering with a corps.
     
  5. miss alley

    miss alley Active Member

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    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.
     

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