The case of a paralysed man who wants doctors to be able to take his life without fear of prosecution is being heard at the High Court. Tony Nicklinson, 58, from Wiltshire, has locked-in syndrome following a stroke seven years ago. The hearing represents a fundamental challenge to the law on murder, the BBC's Fergal Walsh reports. [includes short interview with Penney Lewis]
After a stroke in 2005 left him almost completely paralysed, Tony Nicklinson has been fighting for the right to end his own life. Here, ahead of a high court ruling, he is interviewed via Twitter by Observer readers and Elizabeth Day, who meets his family and supporters – along with opponents of euthanasia
The focus of this article is upon compassionate killings, that is, criminal cases where a parent/spouse has killed or assisted to die a child/spouse who was suffering from severe disabilities, debilitating injury, chronic or terminal illness. We argue that the partial defence of diminished responsibility, while appropriate for some cases, fails to acknowledge the compassionate and relational nature of these acts and thus fails to identify the quality of the harm committed. We also argue that the general defences of duress of circumstances and necessity, even if they were to be become available, are inappropriate. Developing the concept of ‘compassion’, which is a consideration in relation to prosecution for assisted suicide, we argue for the introduction of a partial defence of ‘compassionate killing’ which would reduce the offence from murder to manslaughter in recognition of the killing as a responsive, relational act of care.
We give Martin permission to appeal against the DPP, although we do not consider that the appeal has any real prospect of success. Our reason for giving permission is the first of the “two other compelling reasons” advanced in the application for permission to appeal. More particularly, we consider that our approach to the role of the DPP and to the decision in Purdy in relation to s2 of the Suicide Act raises questions of sufficient significance to merit consideration by the Court of Appeal.
A grandmother who strangled her terminally ill former partner has been given a suspended jail sentence. Joyce Evans, 69, killed 66-year-old former soldier Colin Ballinger at her home in New Orleans Walk, Islington, north London, last July. She was found guilty of manslaughter at a previous hearing at the Old Bailey. Judge Gerald Gordon said Evans, who has depression, should not have been left to provide the "arduous care" the dying man needed. Evans, who has served what would be equivalent to a 19-month jail sentence on remand, was given a 12-month jail sentence, suspended for two years, coupled with three years' supervision.
The Court of Appeal has given its judgment in the Tony Nicklinson, Paul Lamb and 'Martin' cases, involving three physically disabled men who challenged the laws that make euthanasia and assisted suicide illegal. The ruling is unlikely to provide much comfort to Tony Nicklinson's family, who are continuing his fight for lawful euthanasia in the courts following his death in August 2012, or to Paul Lamb, who has taken Nicklinson's place in the judicial review proceedings. Part of Martin's appeal, which was argued on different grounds to that of Nicklinson and Lamb, was successful.
The Royal College of General Practitioners (RCGP) is to remain opposed to any change in the law on assisted dying, it has been revealed today following one of the most comprehensive consultations of its members. More than 1,700 members responded to the consultation, which was open from 22 May 2013 until 9 October 2013. College members responded either as individuals, or through one of the RCGP Devolved Councils, one of the RCGP Faculties (local branches), or via a College committee or group. The consultation was conducted through a range of methods, including debates at local meetings, online polls and individual correspondence. Today’s Council debate on the issue ended with a resolution to “maintain the College’s position of opposition to a change in the law on assisted dying”. Seventy seven per cent of RCGP members who submitted individual responses to the consultation expressed the opinion that the College should remain opposed to a change in the law to permit assisted dying. In add