Complicity in Suicide
| Date | 01 December 2005 |
| Published date | 01 December 2005 |
| DOI | 10.1350/jcla.2005.69.6.535 |
| Author | Alec Samuels |
| Subject Matter | Article |
Alec Samuels*
Abstract
This article addresses the extent to which, if at all, a person may
lawfully ‘help’ another person, for example a terminally ill spouse, to take
his own life or submit to euthanasia. It considers what intent is required to
be proved for a crime and the situation where the intent is mercy. In
addition, it looks at the position of a survivor of a suicide pact and whether
there is a human right to die. Other questions raised are: How near to
voluntary euthanasia is English law now? Is an advance decision ‘no
treatment if I am terminally ill’ legally valid? What is the legal duty of the
doctor towards a terminally ill patient?
‘A person who aids, abets, counsels or procures the suicide of another, or
an attempt by another to commit suicide, shall be liable on conviction
. . . to imprisonment for a term not exceeding fourteen years.’1 The
consent of the DPP is required for a prosecution.2
A person D can ‘help’ (neutral word) a suicide in any number of ways.
The suicide may be unable or unwilling to do it himself, on his own as it
were, for any number of reasons, for example fear, indecision, ignorance
of means or lack of the means.
D might ‘help’ the suicide in any number of ways:
‘Go on, you know it is the only answer.’
‘Go on, I’ll be with you.’
D helps to connect a pipe from the exhaust to the inside of the
vehicle.3
D supplies the lethal drugs and syringe. It may be that the drugs
would only be lethal of taken in excessive dose.
D supplies the loaded gun, a gun perhaps belonging to D, or
perhaps belonging to the suicide and it is being returned.
D helps to tie a noose from sheets around the neck of the
suicide.
D is present whilst the suicide kills himself.
D takes the suicide to Beachy Head so the suicide can wheel
himself off the edge.
D buys him an air ticket to Switzerland where Dignitas will give the
suicide the fatal dose to take.
Aid, abet, counsel, or procure
The words aid, abet, counsel or procure must be interpreted in their
ordinary meaning. Although each word is different they are not wholly
distinct, they can overlap or merge, and the phrase should be read as a
whole.
* JP, BA (Cantab), Barrister; e-mail Councillor.A.Samuels@southampton.gov.uk.
1 Suicide Act 1961, s. 2(1). For background, see 14th Report of the Criminal Law
Revision Committee, Cmnd 7844 (March 1980) and Report of House of Lords
Select Committee on Medical Ethics HL Paper 21–I 31 (January 1994).
2 Suicide Act 1961, s. 2(4).
3 R v Beecham, Telegraph, 18 February 1988.
535
The Journal of Criminal Law
‘Aid’ seems to suggest assistance—D usually being present or in the
vicinity, though not necessarily so. ‘Abet’ suggests incitement or encour-
agement. ‘Counsel’ suggests advice, solicitation, urging, encourage-
ment. ‘Procure’ suggests getting something to happen, trying to get the
suicide to happen, and succeeding.4
A number of synonymous or similar words are likely to be useful by
way of definition or explanation: involvement; participation;...
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