6

It's 1872 and Mr. Fogg is having his journey around the world, and let's take the TV series adaption of 2021 as the basis.

The situation at hand in Episode 6 is as follows:

Taking a Steamship Carnatic under the British flag, just like in the book, from Yokohama/Japan to San Francisco/USA, Mr. Fogg is trying to catch a specific train there. Mr. Kneedling is also abroad. He acts as an Agent for a Mr. Bellamy, who is a member of the Reform Club and has instructions to stop Fogg from reaching London in time.

Some day or such into the traverse, he forces Mr Fogg and his entourage at gunpoint into a lifeboat with a single bottle and cuts the the ropes. This happens during a storm at night, making it likely that Mr. Kneedling intends for Mr. Fogg's delay to be permanent due to his death.

Put in life's peril, this raises legal questions galore, but in particular one:

Taking the 1872 year as a basis, was it actually attempted murder to force a person into a lifeboat without a trial or supplies, under the expectation that they would die from the elements or starvation?

RedGrittyBrick
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Trish
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2 Answers2

5

It depends upon the intent and knowledge of the perpetrators.

If there is knowledge that this is almost sure to cause their death, or an intent to cause their death, or depraved indifference to human life, then it is attempted murder.

If there is merely a reckless disregard of the risk that they will die, without knowledge that it will kill them or an intent to kill them, then it is attempted manslaughter. Particularly if they were in a busy sea lane, or the perpetrator had recently read a news report of someone surviving in these circumstances, this lesser charge might fit the crime.

A jury would have to evaluate the perpetrators intent based upon all of the evidence admitted at a trial, both direct and circumstantial.

Without regard to their intent regarding causing their death, it is also aggravated kidnapping, because they moved to someplace different than they were involuntarily and at gunpoint, and also the lesser offense of false imprisonment because they have no viable means to escape from where they have been placed.

Depending upon what is done with their belongings, it could also be armed robbery.

Despite the fact that this is on the high seas, these acts do not constitute piracy, since the offenders didn't come onto this ship from another ship or boat. As noted in the comments by Candence, the UN Convention on the Law of the Sea, Art. 101, defines piracy as "acts of violence[,] detention,... or depredation... by the crew or passengers of a private ship... against another ship."

ohwilleke
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It's attempted murder

Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life ...

s18 of the Crimes Act 1900.

It is hard to argue that setting people adrift in a lifeboat, without food, with inadequate water, in a storm, at night is anything but "reckless indifference to human life".

Dale M
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