assisted dying

Question 1

euthanasia

Answer 1

actively inducing someones death

mercy killing as a defence to murder

Question 2

brown

Answer 2

cannot consent to your own harm with the exception of medical treatment

Question 3

george webb

Answer 3

defence of mercy killing for murder charge as it was held he was so exhausted and stressed from caring from his terminally ill wife he has diminished responsibilty

Question 4

doctrine of doubble effect

Answer 4

it is murder to administer drugs with the intent to premptively ending the P’s life regardless that they may have died naturally 10 minutes later, but not murder to administer drugs with the intent to ease pain and this results in the hastining of the death of P

distinction is intention

Question 5

R v Woolin

Answer 5

if D knew his act would hasten death or lead to serious injury it can be considered murder

Question 6

R v Adams 1957

Answer 6

if D acts with intent to relive pain but it subsequently hastens P’s death, this is not murder

Question 7

R v Cox

Answer 7

administerin drugs with no pain reliving qualities that resulted in the hastening of P’s death was held to be murder

Question 8

PAS

Answer 8

confidentiality of deceased assisted suicide

Question 9

what is PAS

Answer 9

Physician Assisted Suicide

Question 10

Assisted suicide

Answer 10

lay person assists in someones suicide which is an offence under the SA with a maximum sentance of 14 years

Question 11

SA 1961

Answer 11

Suicide act 1961

Question 12

coroners jutsice act 2009

Answer 12

encouraging or assisting

Question 13

AS s2(4)

Answer 13

proceedings in Assisted suicide cannot be conducted without DPP consent

Question 14

Pretty v DPP

Answer 14

the question of weather assisted dying is a violation of ECHR art 8 was put assessed as regardless it would be considered in the ECHR art 8(2) exception as being disportioncate to the protection of vulnerable people

Question 15

B v NHS trust 2002

Answer 15

cannot administer life ending treatment but can withdrawl life preserving treatment

Question 16

debbie purdy 2009

Answer 16

Not allowing assisted dying does infringe on ECHR art 8 and right and it is not actually covered by the ECHR art 8(2) exemption as the DPP lacked clear policy on how it prosecuted assisted dying cases at the time

Question 17

what overuled pretty

Answer 17

purdy, which held that preventing assisted dying is a violation of ECHR art 8

Question 18

DPP policy put in place as a result of purdy

Answer 18

some motivated wholly by compassion in assisted dying is unlikely to be prosecuted

Question 19

Tony Nicklinson

Answer 19

at the time the margin of appreciation meant that the denial of assisted dying was permissible despite its contradiction to HR law, however, in future if the UK law isnt brought into line with its international obligations it will be considered a violation of ECHR art 8

Question 20

noel conway

Answer 20

parliament is reluctant to approve assisted dying

Question 21

B v NHS 2002

Answer 21

competent adults have the right to refuse life saving treatment

Question 22

MCA 2005 s4(1)

Answer 22

best interest should not be determined based of P’s (a) age or appearance or (b) behaviour or condition

Question 23

MCA s(5)

Answer 23

withdrawal of life sustaining treatment cannot be motivated by a desire to induce death

Question 24

MCA s4(6)

Answer 24

in determining P’s best wishes consider (a) their past and present wishes and any written statements (b) their believes and values and (c) anything they wouldve considered

Question 25

MCA s4(7)

Answer 25

in determing P’s best wishes consider the views of (a) anyone named by P (b) anyone engaged in P’s welfare (c) P’s attorney and (D) a court appointed deputy

Question 26

what needs to be considered re determining P’s best interests (7 things)

Answer 26

P’s past and present wishes
written statements
P’s belives and values
Anything P wouldve considered
views of anyone named by P
views of anyone engaged in P’s welfare
views of P’s attorney
Views of P’s court appointed deputy

Question 27

what shouldnt be considered re determining P’s best interests (4 things)

Answer 27

P’s apperance
P’s age
P’s condition
P’s behaviour

Question 28

PVS

Answer 28

Permanent/ persistant vegetive state

Question 29

what is PVS

Answer 29

state of no consciousness

Question 30

Blank 1993

Answer 30

treatment could be withdrawn as it had become futile and thus no longer in P’s best interests, but death couldn’t be induced

Question 31

NHS trust A v M; NHS trust B v H

Answer 31

deprivation of life is a deliberate act distinct from the omission of withdrawal of treatment as it doesnt invoke ECHR art 3, right ti humane treatment, as PVS patients have no feelings or comprehension

Question 32

aintree v james

Answer 32

strong presumption its in the persons best interests to stay alive unless treatment is futile or theres no prospect of recovery

Question 33

when can ANH be withdrawn

Answer 33

all rehabilitation efforts exhausted over at least 6 months,
confirmed irreversible PVS at least 12 months after injury 2 separate D’s diagnosis and positive consideration of P’s family

Question 34

Re M 2017

Answer 34

if theres no dispute re P’s best interests, life preserving treatment can be withdrawn without court order

Question 35

Re Y [2018]

Answer 35

if theres no dispute re P’s best interests, ANH can be withdrawn without court order

Question 36

is a court order needed to withdraw life preserving treatment

Answer 36

only if there is dispute over whats in P’s best interets,

Question 37

when can life preserving treatment be withdrawn without liability

Answer 37

when treatment becomes futile or the P has no prospect of recovery and theres agreement its in P’s best interests to do so