News / Press Releases
25 Jan 2010: Kay Gilderdale found not guilty of attempted murder Jan 25, 2010
A mother who gave her severely ill and bed-ridden daughter a morphine overdose to help her to die at her request was found not guilty of murder today. She had previously pleaded guilty to assisted suicide. Lynn was 31, and had been bed-ridden for seventeen years after contracting myalgic encephalomyelitis (ME). She asked her mother to help her take a morphine overdose in order to end her suffering. Lynn Gilderdale had made several requests to die; she had an Advance Decision refusing life sustaining treatment and a do not resuscitate order in her medical notes.
Sarah Wootton, Chief Executive of Dignity in Dying said:
"A not guilty verdict in this case was the right decision. Whilst we don't condone acting outside of the law, and it is important that these kinds of cases are investigated, the judge is now able to use his discretion when sentencing Kay Gilderdale. Given that she pleaded guilty to assisting in a suicide, she will be sentenced under the Suicide Act; therefore the judge is not forced to impose a mandatory sentence.
"As demonstrated here and in Frances Inglis' case last week, the existing law doesn't work in practice and is not in line with public opinion. Ultimately we need a full public consultation on whether the law should change, to regulate and legalise assisted dying for terminally ill people and to create a specific or partial defence of 'mercy killing' for these offences. The law needs to protect potentially vulnerable people by being tough on malicious or irresponsible behaviour, but it also needs to be flexible enough to show mercy when the motivation is clearly compassion.
"There is a clear ethical difference between assisted dying, assisted suicide, euthanasia and murder, yet the law makes little distinction between these acts. Assisted dying is assisting a terminally ill, mentally competent adult to shorten the dying process, at their request; assisted suicide is assisting the death of a chronically ill, suffering person if they ask for help; euthanasia is direct action to end a person's life to enable that person to have a good death; and murder is a malicious, self serving act which results in the death of another. While cases relating to all of these occurrences must be investigated, people who act compassionately to end the suffering of someone they love should not be subjected to the full force of the murder law, which carries a mandatory life sentence.
"The Law Commission reviewed murder law in 2006 and recommended that further review was needed in relation to cases of 'mercy killing'. This is yet to be implemented. Dignity in Dying calls for an urgent review into this area of the law and suggests that a separate law to cover cases such as these, or a partial defence of mercy killing may be appropriate."
Notes to editor:
About Dignity in Dying:
· Dignity
in Dying campaigns for greater choice, control and access to services at the
end of life. It advocates providing terminally ill adults with the option of an
assisted death, within strict legal safeguards, and for universal access to
high quality end-of-life care.
· Dignity
in Dying has over 100,000 supporters and receives its funding entirely from
donations from the public.
· Surveys
consistently show that at least 80% of the UK population supports a change in
the law on assisted dying.
ICM poll October 2008, commissioned by Dignity in Dying.
- Approximately 61% of
the population know that they have the right to refuse medical treatment
in advance if they lose the ability to communicate.
- Approximately 11% have
an Advance Decision.
ICM poll September 2006, commissioned by Dignity in Dying.
- Almost a fifth (19%)
know of someone who would benefit from an Advance Decision or who would
have died a better death had they had an Advance Decision
- 39% of people, and 42%
of those over 65, did not realise that relatives have no automatic legal
rights in this area.
Compassion in Dying
Compassion in Dying
provides Advance Decisions free of charge at: www.compassionindying.org.uk
Media Contacts:
For all media
enquiries, please contact Jo Cartwright on 020 7479 7737 / 07725433025 or at jo.cartwright@dignityindying.org.uk.

























