Murder: Euthanasia
| Date | 01 October 2005 |
| Published date | 01 October 2005 |
| DOI | 10.1350/jcla.2005.69.5.401 |
| Author | Michael Bohlander |
| Subject Matter | Hoge Raad Der Nederlanden (Supreme Court of the Netherlands) |
Hoge Raad der Nederlanden
(Supreme Court of the
Netherlands)
Murder: Euthanasia
Case No. 02641/03; Judgment of 9 November 2004
The defendant, a doctor, had been convicted of murder, having given a
dose of 50 mg of alloferine (alcuronium) to an old woman who had been
in a permanent state of unconsciousness. His appeal against the judg-
ment of the Court of Appeal (Gerechtshof) of Amsterdam was dismissed
and the sentence of one week’s imprisonment, suspended for two years,
was upheld. The Court of Appeal had increased the sentence imposed by
the trial court (arrondissementsrechtbank). At trial, the defendant had
been found guilty of murder and signing a false declaration of the causes
of death (as was the case in the Court of Appeal and the Hoge Raad). The
trial court had not imposed any sentence for the count of murder and
only a fine of 5,000 Dutch guilders for the second count to be replaced
by 50 days’ imprisonment in the case of non-payment.
The deceased, who had been born in 1912, suffered from a heart
condition and osteoporosis. Beginning in October 1996, she became
increasingly bedridden. She did not want to be moved or to leave her
bed, and thus developed severe bedsores (decubitus). She also refused to
be taken to a care home, but was eventually moved to one. The
defendant’s therapy at the time was to increase the patient’s mobility
and to provide pain relief. In December 1996 matters deteriorated
further and she developed a decubitus wound combined with necrosis
on her right hip. In January 1997, the wounds seemed to be a bit better,
but the patient was eating very little. Towards the end of January it
became apparent that she could no longer leave her bed and had
developed a serious necrosis on one of her heels. In reply to a question
to that effect she had declared that she wanted to be kept alive, after
which the defendant increased the palliative pain relief and wound care.
On 28 January 1997 the defendant asked the patient again, whether she
wanted to ‘go to sleep’, but the reply was that she wanted to continue
seeing her children, which the defendant interpreted as a choice to be
kept alive. The defendant continued the pain relief and the wound care.
The necrosis had begun to give off a very unpleasant smell. On 3
February 1997 the defendant visited the patient again. She hardly ate
and drank anymore and no longer reacted to stimuli. The defendant
returned on 4 February and gave her 400 mg of phenobarbital to enable
her to sleep well, and left another 400 mg for the staff of the care home,
with instructions to give her an injection in the evening. He did not
expect her to survive the night, but that she would die after being given
the second 400 mg.
401
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