BHA: Judgment in mercy killing case demonstrates need for legal reform

The law urgently needs to be reformed so that it distinguishes between cases of ‘mercy killing’ and of murder, the British Humanist Association (BHA) has said today. The BHA has made its comments in light of the Court of Appeal judgment handed down today in the appeal case of Frances Inglis, who was given a life sentence earlier this year after being found guilty of murder after giving her permanently brain-damaged son a lethal heroin overdose. Although Mrs Inglis’ appeal was refused, her sentence was reduced and the judgment made clear that it was for Parliament to act to change the law.

Naomi Phillips, BHA Head of Public Affairs, commented, ‘Today’s judgment demonstrates that the courts are bound by a restrictive law which fails to distinguish between where a person has compassionately assisted another to die, and where that was done with malicious intent or murder. However, it is for parliamentarians not judges to make the legal changes necessary in order to ensure that cases of ‘mercy killing’ and of murder are seen and treated differently under a reformed law.

‘Ultimately, we want assisted dying to be legalised in the UK. Without those legal reforms, those who are vulnerable remain at risk because legal safeguards, which would accompany the legalisation of assisted dying, are not in place to protect them from coercion or other malice. We need a law on assisted dying that is sensible, ethical and forward-thinking, that both upholds people’s fundamental human right to die with dignity, in a manner of their choosing, and which protects those who are motivated by compassion to assist another’s death.

Notes

For further comment or information, contact Naomi Phillips at naomi@humanism.org.uk or on 020 7079 3585 or 07540 257101.

Read more about the BHA’s position on assisted dying www.humanism.org.uk

On ‘mercy killing’, Lord Judge stated in his judgment: ‘We must underline that the law of murder does not distinguish between murder committed for malevolent reasons and murder motivated by familial love. Subject to well-established partial defences, like provocation or diminished responsibility, mercy killing is murder.’

On parliament, Lord Judge stated: ‘How the problems of mercy killing, euthanasia and assisting suicide should be addressed must be decided by Parliament, which, for this purpose at any rate, should be reflective of the conscience of the nation.’

The British Humanist Association is the national charity representing and supporting the interests of ethically concerned, non-religious people in the UK.