Voluntary Assisted Dying and the merits of offence-specific prosecutorial guidelines in Australia

Braun, Kerstin (2021) Voluntary Assisted Dying and the merits of offence-specific prosecutorial guidelines in Australia. Criminal Law Journal, 45 (2). pp. 81-92. ISSN 0314-1160


Abstract

Over the past three decades jurisdictions in Australia and overseas have grappled with questions surrounding the regulation of Voluntary Assisted Dying (VAD). Most past law reform attempts in Australia have failed. Yet, in recent years Victoria and Western Australia have introduced specific VAD laws including protections from criminal liability. This article analyses what liability can arise from participation in VAD under current criminal law in Australia prior to providing an overview of past failed VAD law reform attempts. It ponders the merits of introducing offence-specific prosecutorial guidelines in the context of VAD, as available in England and Wales in relation to assisted suicide, in those Australian jurisdictions, where law reform has been continuously unsuccessful. It concludes that these guidelines are not an appropriate way of creating VAD reform in Australia and that, where reform is deemed necessary, this must be addressed by the democratically elected legislature through the enactment of statutory law.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: c. Thomson Reuters.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 10 Jun 2021 23:00
Last Modified: 10 Jun 2021 23:01
Uncontrolled Keywords: Voluntary Assisted Dying; legislation; criminal law
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4804 Law in context > 480401 Criminal law
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
Socio-Economic Objectives (2020): 23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230403 Criminal justice
URI: http://eprints.usq.edu.au/id/eprint/42183

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