#10045 - Murder - Medical Law and Ethics

MURDER AND SUICIDE

WHAT’S NEEDED FOR A CONVICTION?

1. Doctor can be convicted for murder where jury persuaded beyond all reasonable doubt that doctor:

1. caused patient’s death (or was a substantial cause R v Cheshire);

2. intended to cause death or GBH; and

3. has no defence

2. Adams – Devlon J said if doctor only shortens life by weeks/months it’s treated the same as if shortened by years

MANSLAUGHTER

1. where health care professional acts in an extremely negligent way

DEFENCES

1. DIMINISHED RESPONSIBILITY

1. normally where someone caring for terminally ill suffers from exhaustion and stress

2. only a partial defence = still manslaughter

2. LOSS OF CONTROL

3. SUICIDE PACT

4. SELF-DEFENCE

a) Re A – conjoined twins case

MERCY KILLING

1. Very rare brought to court, only where CPS believes it’s in the public interest

2. Home Office Stats for 1982-1991 inclusive reveal only 24 cases brought with only 1 resulting in a murder conviction – 16 got manslaughter but 3 went to prison

DOCTORS?

1. Smith – unlikely that doctors following sound medical practice would be convicted

2. R v Arthur – Farquharson J told the jury to think ‘long and hard’ before finding a doctor guilty

3. R v Moor (Hooper J) – ‘You may consider it a great irony that a doctor who goes out of his way to care for [a patient] ends up facing the charge that he does’

SUICIDE

NOT A CRIME

1. It used to be punishable by capital punishment, but suicide is no longer a crime

2. Keown – this doesn’t mean we have the right to do it though

WHAT IS IT?

1. Courts haven’t expressed a view as to what it is

2. Home Department v Robb – prisoner on a hunger strike died = not suicide, but no explanation

ASSISTED SUICIDE DPP GUIDANCE

1. DPP issued guidance on ‘public interest factors in favour of prosecution’

2. Amongst them:

1. patient did not have a terminal illness;

2. victim under 18

3. victim lacked mental capacity

4. victim didn’t indicate unequivocal support or ask for assistance

5. relationship of the parties

3. Spencer -

4. Greasley – she prefers pre-Purdy guidelines as at least then still officially guilty of an offence

5. Scope – anti-euthanasia body oppose guidelines

6. Jackson – fact that need DPP approval shows that often it will not be in the public interest to...