Facts The Case of the Speluncean Explorers

in case of speluncean explorers , person eaten chosen throwing pair of dice. method had been suggested choosing victim in similar real-life case of r v dudley , stephens.

one of cavers, roger whetmore, asks on cavers behalf if cavers survive 10 days longer if consumed flesh of 1 of number . medical experts reluctantly confirm case. whetmore asks if should draw lots select person killed , eaten. no 1 outside cave willing answer question. radio contact subsequently lost.

once cave-in cleared, discovered 4 cavers have survived; roger whetmore had been killed , eaten others. survivors state whetmore had come ideas of cannibalism , choosing victim through random chance, offering pair of dice in possession.

before dice cast, whetmore allegedly expresses wish withdraw arrangement, preferring wait week before embracing expedient frightful , odious . others refuse accept change of mind, , cast dice on behalf. survivors claim whetmore conceded dice thrown fairly. subsequently killed , eaten.

following rescue , recovery, survivors charged murder of whetmore. relevant statute provides whoever shall willfully take life of shall punished death , offering no exceptions relevant case. jury seek special verdict, can make limited findings of fact without having return verdict on whether constitutes murder. cavers convicted of murder.

the mandatory sentence murder in newgarth death hanging. both trial judge , members of jury petition chief executive commute sentence of surviving spelunkers death penalty 6 months imprisonment. chief executive refuses act while supreme court of newgarth considers appeal.