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ARTICLE · 07 APRIL 2012

Euthanasia, the unresolved issue: the ongoing debate in Australia

A recent case raises (again) the ongoing euthanasia debate in Australia.

AustraliaCriminal Law

In February 2012, a Queensland Court convicted Mr Merin Nielsen of aiding the suicide of 76 year old, Mr Frank Ward. Mr Nielsen procured the drug Nembutal (a barbiturate anaesthetic that is frequently used in euthanasia) in Mexico and provided it to Mr Ward. On 20 June 2009, Mr Ward died after taking the Nembutal.

There were indications that Mr Ward had pre-existing health problems and endorsed euthanasia. Mr Ward had suffered a minor stroke in 2007. Mr Nielsen asserted at his trial that Mr Ward had another stroke on 11 June 2009. Further according to Justice Dalton "[t]here is no doubt...that [Mr] Ward wished to take his own life...where he was no longer independent..."1. In spite of this finding, and with Mr Nielsen pleading Not Guilty, other factors were relevant in the finding against Mr Nielsen. Notably, Mr Ward had not had his condition diagnosed by a doctor. He had also changed his will, naming Mr Nielsen the sole beneficiary2.

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