Press
Read our
News / Press Releases
News / Press Releases

12 Nov 2010: Frances Inglis loses appeal but given a reduced sentence

Dignity in Dying comments on 'mixed result' for mother who acted out of compassion, and calls on Parliament to address this ongoing problem

The Court of Appeal today handed down judgment on the appeal of Frances Inglis, a mother who gave her brain-damaged son a lethal heroin injection in order to end his life. The appeal against her conviction was refused but her minimum sentence was reduced from nine years to five.

Mrs Inglis was found guilty of murder and attempted murder on 21st January 2010. Her son Tom sustained severe brain damage as a result of an accident in 2007, and had been in a coma ever since. 

Sarah Wootton, Chief Executive of Dignity in Dying said:

"Whilst we do not condone Mrs Inglis' actions, given that she directly ended her son's life without his consent, it is clear that her motives were selfless, and we do not think that her actions should be unduly punished because murder law is not equipped for compassion. We are therefore heartened by the news that her sentence has been reduced. The previous sentence of nine years in prison was disproportionate to the crime she committed out of compassion and love for her son. It should be taken into account that alongside losing her son, Mrs Inglis has already served nearly two years in prison and is extremely unlikely to reoffend.

"Lord Judge recognised that his judgment was constrained by the law of murder as it stands, a law which doesn't distinguish between behaviour motivated by malice and behaviour motivated by "familial love?. Dignity in Dying is not calling for the legalisation of 'mercy killing', but we are calling for more distinction to be made in the law between assisted dying, assisted suicide, euthanasia and murder. But this is ultimately a matter for Parliament not the Courts.

"Dignity in Dying would like to see a law which allows the choice of assisted dying for people who are terminally ill and mentally competent. We believe that ending the life of a non- terminally ill disabled person, regardless of the severity of their disability, is cause for prosecution. But for cases which fall outside the framework of assisted dying which we advocate, the law should be able to react with compassion and flexibility so that sentencing can reflect the motivation for the crime, and any extenuating circumstances."

Lord Judge stated in his judgment:

"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."

At present the law only makes two distinctions in cases of helping another person to die; assisting a suicide or murder, whereas in reality cases of compassionate assistance to die covers a broad spectrum of ethically different acts, from assisted dying to voluntary euthanasia. The law of murder is not an appropriate framework for prosecution of any such acts.  Frances Inglis' son was unable to communicate his wishes, or act independently, so his mother directly ended his life.  This is why she was tried and sentenced under the law of murder, a law which does not take compassionate motivation into consideration.


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 25,000 supporters and receives its funding entirely from donations from the public.

·                    The British Social Attitudes Survey 2010 found that 92% of non-religious and 71% of religious people support assisted dying. This relates to overall support of 82%.

 

Dignity in Dying campaigns for the legalisation and regulation of assisted dying - not assisted suicide, euthanasia or 'mercy killing':

 In assisted dying and assisted suicide the patient takes the final step and administers life-ending medication. Euthanasia or 'mercy killing' is when someone directly ends another's life for compassionate reasons - with the person's consent (voluntary) or without it (non-voluntary). Assisted dying and assisted suicide is an offence under the 1961 Suicide Act and carries a maximum prison sentence of 14 years.  Euthanasia and 'mercy killing' are regarded by the law as murder and carry a mandatory life penalty.

 Assisted dying only applies to terminally ill people, unlike assisted suicide, which is when chronically ill and/or disabled people can be given help to end their lives.  Assisted dying is about giving dying adults greater control over the time and manner of their death if they feel their suffering is unbearable.

 We do not support assisted suicide on demand, and we never provide information on how to end life.  To do so is against the law and while we may not agree with the current law, we are committed to upholding it.  In its place, we would like a specific safeguarded assisted dying law.  We also believe that assisted suicide and euthanasia/'mercy' killing should remain prohibited, but the law should allow flexibility in prosecuting and sentencing dependant on the circumstances of each case. The Director of Public Prosecutions' interim guidelines provide such flexibility for the offence of assisted suicide, but none exists for the offence of murder. 

 

Compassion in Dying

An Advance Decision is a document that allows you to set out the treatment decisions you would want to make in advance should you become unable to communicate with your health team.  The refusal of medical treatment, including life-sustaining treatment, is legally binding with an Advance Decision.

Compassion in Dying provides Advance Decisions to legally refuse treatment at the end of life free of charge at: www.compassionindying.org.uk

 

Media Contacts:

For all media enquiries, please contact James Harris on 020 7479 7739 / 07725433025 or at james.harris@dignityindying.org.uk.  

back