R. V. Dudley and Stephens - Aftermath

Aftermath

Collins still had the option of moving a writ of error to raise the very arguable issues of jurisdiction and constitution of the court but he knew that the verdict in such an important case had been pre-decided and Dudley and Stephens still anticipated an immediate release. By 11 December, there was still no announcement and it seemed that, their having been convicted, public opinion was moving against the men. Any exercise of the royal prerogative of mercy would be exercised by Queen Victoria on the advice of the Home Secretary.

Though Harcourt was personally in favour of abolition of the death penalty, he was conscientious in his official duties. He took the judgment of the court seriously, that the men were guilty of murder, and feared that commuting the sentence to anything other than life imprisonment would mock the law. Attorney-General Sir Henry James felt that a life sentence would not resist the attack of public opinion. He noted that the court had withheld a finding of manslaughter from the jury but that had it been available that would have been the jury's verdict and "no judge would have inflicted more than three months' imprisonment". Solicitor-General Sir Farrer Herschell concurred. On 12 December, Harcourt decided on six months' imprisonment. Dudley and Stephens were advised the next day but were somewhat disappointed at so long in custody. Dudley never accepted the justice of his conviction.