They quite reasonably believed their situation to be one of imminent, life-threatening peril for all concerned. As Lord Bacon has noted, actions taken under such circumstances are not felonies, and they should therefore not be criminal in this case. The appellants in this case have been condemned to death. They have never before committed a criminal offense. They are never likely to be in a position to commit such an offense again, and can profit society and their family's much if their lives are spared.
Few people are ever likely to be in their position.
No principle of justice or equity requires that they also forfeit their lives. Their actions, even if criminal, were done under circumstances which would test anyone's fortitude. The fact that these otherwise law-abiding persons did nothing more than what most people would have done in their place, wrong though it may have been, does not merit the ultimate punishment. In conclusion, the appellants respectfully submit that their actions were justified and thus cannot constitute a crime, and ask that their convictions be therefore set aside or, in the alternative, that their sentences be reduced. NESL Home Page Top of Page More Course Info.