Voluntary Requests or Vulnerable Adults? A Critique of Criminal Sentencing in Assisted Suicide and 'Mercy Killing' Cases
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Description
This article explores the criminal law’s response to cases of ‘mercy killing’ or assisting suicide, in which relatives or friends act outside the law to end the suffering of a loved one with a terminal or chronic illness. It examines the sentencing remarks in all the publicly reported Australian cases on assisted suicide and mercy killing since 1980. Pronounced leniency in sentencing is observed, across the spectrum of cases, which demonstrates a gap between the law on the books and the sentences imposed in practice. Judicial reasons for sentencing are analysed to elucidate themes, which confirm that many of the traditional aims of sentencing – such as specific deterrence, retribution or rehabilitation – are inapposite in cases involving compassion for the suffering of a loved one. The review also identifies inconsistent outcomes, both in charges laid and sentences imposed, which have the potential to undermine public confidence in the rule of law. The article concludes that criminal law simultaneously provides both too much protection and not enough protection for members of the community, and recommends law reform to enable judges to make a greater distinction between voluntary and non-voluntary assisted suicides and mercy killings.
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ID Code: | 211734 | ||||||
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Item Type: | Contribution to Journal (Journal Article) | ||||||
Refereed: | Yes | ||||||
ORCID iD: |
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Measurements or Duration: | 50 pages | ||||||
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Keywords: | suicide, assisted suicide, mercy killings, voluntary assisted dying, criminal prosecution, sentencing, sentencing remarks, law reform, health law | ||||||
ISSN: | 0313-0096 | ||||||
Pure ID: | 88128430 | ||||||
Divisions: | Current > Research Centres > Australian Centre for Health Law Research Current > Research Centres > Centre for Healthcare Transformation Current > QUT Faculties and Divisions > Faculty of Business & Law Current > Schools > School of Law Current > QUT Faculties and Divisions > Faculty of Health |
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Copyright Owner: | Consult author(s) regarding copyright matters | ||||||
Copyright Statement: | This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au | ||||||
Deposited On: | 13 Jul 2021 07:03 | ||||||
Last Modified: | 25 Jul 2024 02:39 |
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