Aid in dying in the High Court: Seales v Attorney General

Authors

  • Andrew Geddis

DOI:

https://doi.org/10.26686/pq.v11i3.4558

Keywords:

Crimes Act 1961, New Zealand Bill of Rights Act 1990, assisting suicide, Justice Collins

Abstract

As her inevitable death from brain cancer approached, a 42-year-old lawyer named Lecretia Seales wanted the option of receiving aid in dying from her (unnamed) general practitioner, who in turn was willing to provide that aid. Seales’ own actions would not breach the law; it has not been an offence in New Zealand for anyone to attempt to end her or his own life since 1961. However, should a doctor aid Seales to do so, she or he ran the risk of arrest and prosecution for breaching the Crimes Act 1961. A doctor who directly administers a lethal dose of medication at Seales’ request for the purpose of ending her life might be prosecuted for murder or manslaughter under section 160 of the Crimes Act. Providing Seales with a lethal dose of medication in the knowledge she may self-administer it to end her life some time in the future might lead to a prosecution for aiding or abetting suicide under section 179.

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Published

2015-08-01