Assisted Suicide/Euthanasia Flashcards
Re B [2002]
Akin to case of Aerdale NHS Trust V Bland
Court allowed taking away of artificial ventilator - justified as an omission.
Suggested that PASSIVE EUTHANASIA legal?
DPP V Pretty [2002]
Pretty - MND - physically unable to kill herself.
Sought declaration from DPP that husband would not be prosecuted for helping her to die with dignity.
Rejected.
ECtHR rejected her Art. 2, 3 and 8 claims.
Same year as Re B –> difference was that one was an omission (passive euthanasia) and so the Ct could justify (Re B)
Pretty - Act = active euthanasia.
Would’ve been murder.
STIMULATED MUCH DEBATE ABOUT ASSISTED DYING…
SUICIDE ACT 1961 s.2
s.b. page 32
As amended by s.59 of Coroners and Justice Act 2009
S.1 - Decriminalised suicide.
BUT
S.2 - made assisted suicide illegal
(1) (a) does an act capable of encouraging or assisting…(actus reus)
(b) was INTENDED to encourage….(mens rea) = intention to assist suicide/knowledge that victim would go on to kill themselves.
MAX 14 Years.
Daniel James
Parents took him to Dignitas after son (tetralegic) had tried many times to kill himself.
Clear that s.2 of Suicide Act 1961 had been made out.
Criminal investigation.
DPP did NOT prosecute as not in public interest.
Example of prosecutorial discretion
DPP V Purdy [2009]
Factually akin to Pretty.
Refused undertaking.
Argued at H of L - this decision was inconsistent with that in Daniel James (not to bring a prosecution)
H of L sought clarification from DPP of CPS’s position on assisted suicide - as clear that the offence was being made out but unclear as to as and when the CPS would prosecute.
DPP Policy on Assisting Suicide 2010
Public Interest factors in favour of prosecution
Victim under 18
Victim lacked capacity
Victim’s decision was not free, voluntary and informed.
V has no clearly communicated wish to die to the suspect.
V did not seek assistance nor try by themselves.
Suspect motivated by other things - gain - financial?
Suspect pressured V
S had history of violence against V
V was physically able to undertake act himself.
Suspect was unknown to V - website assistance etc.
Suspect gave assistance to more than one V in past who were not known to each other.
Paid by V or close affiliate of V for assistance.
S - acting in a professional capacity where V was within their care.
S was trying to avoid V committing suicide in public place.
S acting as an employee for purpose of providing physical environment to facilitate V to commit suicide.
DPP Policy on Assisting Suicide 2010
Public Interest factors against prosecution
V - voluntary, clear, settled and informed decision.
Wholly motivated by compassion.
Suspect - only minor role in encouragement/assistance.
S first sought to dissuade V.
S - reluctant encouragement - V has determined wish.
S reported suicide to police and fully cooperated from the outset.
R. v KEVIN HOWE
Gave the man the means to set fire to himself.
Convicted of assisted suicide under s.2 - 12 years.
Shows clear distinction between morally right ad morally wrong assisting suicide..
‘Took delight’ and ‘did nothing’.
KAY GILDERDALE
Daughter - bedridden for 17 years - had requested to die many times.
Mother delivered fatal dose.
Attempted murder charge (not murder due to causation problems.)
Jury - not guilty.
EXAMPLE OF VOLUNTARY EUTHANASIA
SHOWS THAT JURY PLAY A DECISIVE ROLE IN THIS AREA OF THE LAW. Seems that it can simply choose to disapply the law in certain cases.
R. v Inglis (Frances)
Example of non-voluntary euthanasia
Son - doctors said they could withdraw treatment lawfully (Bland)
Wanted son to die in better way.
Administered fatal drug dose.
CONVICTED of murder.
‘You cannot take the law into your own hands and you cannot take away life…you knew you were breaking the law and you knew the consequences’.
