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The Forum > Article Comments > Hard cases, great cases: bad law > Comments

Hard cases, great cases: bad law : Comments

By Paul Russell, published 17/4/2012

Rather than allowing the courts to temper justice with mercy, the DPP seems to be allowing mercy to tamper with justice.

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What nonsense. Live a long and miserable life of suffering if you wish, but stop imposing your authoritarian tendencies on others.
Posted by DavidL, Tuesday, 17 April 2012 9:31:25 AM
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one can say just as well: 'slavery is no concern of mine, if you don't like slavery, don't buy a slave' without coming to the realisation that slavery, though legal, is intrinsically, inherently, always and everywhere, like torture, evil and wrong with no mitigating circumstances whatsoever. The same can be said for prostitution, abortion, parricide in self-defence and other so-called victimless crimes.
Posted by SHRODE, Tuesday, 17 April 2012 10:00:19 AM
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So poor Mr Nicklinson has the choice of starving to death, the same
choice that they gave Mr Rossiter of Perth.

Sheesh, we would not want compassion to get in the way of religious
dogma, let them suffer. What twisted minds some people have.
Posted by Yabby, Tuesday, 17 April 2012 10:25:27 AM
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Murder is wrong: I think everyone agrees with Paul on that score. Where we differ is that we also think torture is wrong while Paul seems to have no objections to it. Sicko.

Cheers,

Tony
Posted by Tony Lavis, Tuesday, 17 April 2012 10:41:45 AM
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Stephen Hawking on euthanasia:

"The victim should have the right to end his life, if he wants. But I think it would be a great mistake. However bad life may seem, there is always something you can do, and succeed at. While there's life, there is hope."
Posted by diver dan, Tuesday, 17 April 2012 11:32:54 AM
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My wife died of terminal pancreatic cancer with liver secondaries and was sent home from a hospital about 14 days before her death with a bottle of morphine sufficient probably to kill a team of horses.

My wife had a terrible night and went back to hospital next day due to rising temperature. After that she only recovered consciousness once and was allowed to die of dehydration, starvation and rising infection. Just before transporting her back to the hospital she said, "Jo...., this is no good".

In hindsight, I wish I had offered to help her take the bottle of morphine.

If a victim of serious ill health clearly has had enough, what about some pity!!
Posted by Foyle, Tuesday, 17 April 2012 12:05:49 PM
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A thoughtful article on a difficult subject which unfortunately has been misunderstood by most of the comments here; I don't think the author has a position but has described both sides of the argument.
Posted by cohenite, Tuesday, 17 April 2012 12:32:01 PM
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Well of course the author has a position. As I understand it and he
is free to point it out if I am wrong, he is paid by HOPE to lobby
against voluntary euthanasia being introduced in Australia.

By what I have been able to discover, the author is also a Catholic
and used to be employed by the Catholic Church to lobby for their
various causes.

As such, I assume that he is only doing what he is paid to do and
what he probably believes in. That does not help those being
tortured and forgotten by our backward legislation, because both
sides of our political debate don't have the testicles to put
compassion ahead of winning the next election. 80% or so of
Australians agree with voluntary euthanasia, but when people vote,
they vote about many issues affecting them immediately, not what
might happen if they should be so unlucky as Mr Rossiter etc.
The religious lobby might be small, but they know that their threats,
which could swing 2-4% of the population, would be enough to swing
an election, so they use that lobbying power. I gather that before
the last Qld election, every candidate was questioned by the anti
euthanasia lobby, as to their position on the subject. I give the
Catholic Church all credit for one thing, namely knowing how to lobby
and influence the political vote, without the name of the Church
being plastered over the top of the lobby group.
Posted by Yabby, Tuesday, 17 April 2012 2:04:55 PM
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Yes Yabby, that is correct, but I thought the author's coverage of the pro's and con's was even-handed.

The fact of the matter is that pallative care is, in many cases, now merely an euphemism for assisted death; pain relief in terminal diseases is nominally one thing but in reality another.

So, what is being discussed and sought in the Nicklinson case is an extension and formalisation of something which already happens.

The problem here is that Nicklinson's circumstances are his own but if he succeeds in obtaining a successful verdict a blanket criteria may have iniquitous results of the type legitimately described in the article.

Until what is, no doubt justifiably, sought by unfortunate people like Nicklinson can be individualised without setting a precedent for other different circumstances then I would not change the law.
Posted by cohenite, Tuesday, 17 April 2012 5:39:23 PM
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Cohenite, if only it were that simple. We already have laws which
are working pretty well, in a place like Switzerland.

http://www.exit-geneve.ch/Exempleoas.pdf

Exit Geneva is doing a great job as a volunteer organisation,
acting within Swiss law, for its tens of thousands of members,
who each pay a few francs a year. Perhaps Australia needs to
catch up to more enlightened and compassionate societies like
Switzerland, where the people decide these things by democratic
vote, not politicians whose main concern is winning the next
election and the Rossiters of this world simply have to suffer.
We can do better than that.
Posted by Yabby, Tuesday, 17 April 2012 6:57:46 PM
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