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

Article


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

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

ERA Journal ID33234
Article CategoryArticle
Authors
AuthorBraun, Kerstin
Journal TitleCriminal Law Journal
Journal Citation45 (2), pp. 81-92
Number of Pages12
Year2021
PublisherLawbook Co.
Place of PublicationSydney, Australia
ISSN0314-1160
Web Address (URL)http://sites.thomsonreuters.com.au/journals/2021/05/31/criminal-law-journal-update-vol-45-pt-2/
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.

KeywordsVoluntary Assisted Dying; legislation; criminal law
ANZSRC Field of Research 2020480401. Criminal law
Public Notes

c. Thomson Reuters.

Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
Permalink -

https://research.usq.edu.au/item/q6617/voluntary-assisted-dying-and-the-merits-of-offence-specific-prosecutorial-guidelines-in-australia

  • 143
    total views
  • 9
    total downloads
  • 1
    views this month
  • 0
    downloads this month

Export as

Related outputs

A Tale of Podcasts and DNA Lab Failures – Was Queensland's Double Jeopardy Law Reform the Answer?
Braun, Kerstin. 2024. "A Tale of Podcasts and DNA Lab Failures – Was Queensland's Double Jeopardy Law Reform the Answer?" Criminal Law Journal. 47 (3), pp. 359-372.
Women Who Kill Their Abusive Intimate Partners in Non-Confrontational Circumstances - The Need for German Criminal Law Reform
Braun, Kerstin. 2024. "Women Who Kill Their Abusive Intimate Partners in Non-Confrontational Circumstances - The Need for German Criminal Law Reform." International Journal For Crime, Justice and Social Democracy. https://doi.org/10.5204/ijcjsd.3571
Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia
Braun, Kerstin and Butcher, Sarah. 2024. "Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia." Journal of Law and Medicine. 31 (2), pp. 370-385.
Looking back to look forward—the history of VAD laws in Australia and future law reform in the Australian territories
Braun, Kerstin. 2024. "Looking back to look forward—the history of VAD laws in Australia and future law reform in the Australian territories." Medical Law Review. 32 (1), pp. 42-60. https://doi.org/10.1093/medlaw/fwad030
Supporting First Year Online Law Students with Their Transition to University: Developing Law-Specific Resources on Academic Integrity and the Academic Ennvironment
McNamara, Noeleen and Braun, Kerstin. 2023. "Supporting First Year Online Law Students with Their Transition to University: Developing Law-Specific Resources on Academic Integrity and the Academic Ennvironment." Journal of the Australasian Law Teachers Association. 16, pp. 33-47.
Written Evidence Submission in response to the ‘Inquiry into Assisted Dying/Assisted Suicide' by the Health and Social Care Committee (UK)
Braun, Kerstin. 2023. Written Evidence Submission in response to the ‘Inquiry into Assisted Dying/Assisted Suicide' by the Health and Social Care Committee (UK).
Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law
Gray, Anthony and Braun, Kerstin. 2022. "Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law." Journal of Law and Medicine. 29 (4), pp. 1128-1149.
Self-Administration or Practitioner Administration? The Scope of Future German Assisted Dying Legislation
Braun, Kerstin. 2023. "Self-Administration or Practitioner Administration? The Scope of Future German Assisted Dying Legislation." Medical Law Review. 31 (1), p. 141–157. https://doi.org/10.1093/medlaw/fwac034
When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility
Braun, Kerstin. 2022. "When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility." Australian Journal of Human Rights. 28 (1), pp. 21-39. https://doi.org/10.1080/1323238X.2022.2109821
The right to assisted dying: Constitutional jurisprudence and its impact in Canada, Germany and Austria
Braun, Kerstin. 2021. "The right to assisted dying: Constitutional jurisprudence and its impact in Canada, Germany and Austria." Vienna Journal on International Constitutional Law. 15 (3), pp. 291-318.
A Close Look at the German and Australian Anti-FGM Framework-Concerns About Equal Protection and Equal Application
Braun, Kerstin and Bose, Martin. 2020. "A Close Look at the German and Australian Anti-FGM Framework-Concerns About Equal Protection and Equal Application." Zeitschrift fuer Internationale Strafrechtsdogmatik (Review of International Criminal Law Doctrine). 15 (12), pp. 566-583.
Prospects and challenges of prosecuting foreign fighters in Australia
Braun, Kerstin. 2020. "Prospects and challenges of prosecuting foreign fighters in Australia." Kfir, Isaac and Coyne, John (ed.) ASPI counterterrorism yearbook 2020. Barton, ACT, Australia. Australian Strategic Policy Institute. pp. 39-42
Victim participation rights: variation across criminal justice systems
Braun, Kerstin. 2019. Victim participation rights: variation across criminal justice systems. Cham, Switzerland. Palgrave Macmillan.
Self- or Cross-fertilisation? Referencing ECTHR jurisprudence to justify victim participation at the ICC
Braun, Kerstin. 2017. "Self- or Cross-fertilisation? Referencing ECTHR jurisprudence to justify victim participation at the ICC." Lobba, Paolo and Mariniello, Triestino (ed.) Judicial dialogue on human rights: the practice of international criminal tribunals. Brill. pp. 282-299
‘Home, Sweet Home’: managing returning foreign terrorist fighters in Germany, The United Kingdom and Australia
Braun, Kerstin. 2018. "‘Home, Sweet Home’: managing returning foreign terrorist fighters in Germany, The United Kingdom and Australia." International Community Law Review. 20 (3-4), pp. 311-346. https://doi.org/10.1163/18719732-12341378
Public submission to the New South Wales Sentencing Council - Victims’ involvement in sentencing
Braun, Kerstin. 2017. Public submission to the New South Wales Sentencing Council - Victims’ involvement in sentencing. New South Wales Sentencing Council.
Joint public submission to the New South Wales Sentencing Council on victims’ involvement in sentencing
Kirchengast, Tyrone and Braun, Kerstin. 2017. Joint public submission to the New South Wales Sentencing Council on victims’ involvement in sentencing. New South Wales Sentencing Council.
Yesterday is history, tomorrow is a mystery - the fate of the Australian jury system in the age of social media dependency
Braun, Kerstin. 2017. "Yesterday is history, tomorrow is a mystery - the fate of the Australian jury system in the age of social media dependency." University of New South Wales Law Journal. 40 (4), pp. 1634-1662. https://doi.org/10.53637/YIKL5634
How much veil is too much veil: on the constitutionality and advisability of face veil bans for German public school students
Braun, Kerstin. 2017. "How much veil is too much veil: on the constitutionality and advisability of face veil bans for German public school students." German Law Journal. 18 (6), pp. 1331-1358.
Secularism and state neutrality: the headscarf in French and German public schools
Jones, Nicky and Braun, Kerstin. 2017. "Secularism and state neutrality: the headscarf in French and German public schools." Australian Journal of Human Rights. 23 (1), pp. 61-89. https://doi.org/10.1080/1323238X.2017.1314441
Stigma, homosexuality and the homosexual advance defence
Gray A. and Braun K.. 2017. "Stigma, homosexuality and the homosexual advance defence." Journal of Law and Medicine. 24 (4), pp. 935-958.
'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia
Braun, Kerstin. 2017. "'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia." Violence Against Women: an international and interdisciplinary journal. 23 (10), pp. 1177-1204. https://doi.org/10.1177/1077801216656832
Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?
Braun, Kerstin and Gray, Anthony. 2016. "Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?" University of Western Australia Law Review. 41 (1), pp. 91-118.
Criminal procedure: LexisNexis questions and answers
Hemming, Andrew and Braun, Kerstin. 2016. Criminal procedure: LexisNexis questions and answers. Sydney, Australia. LexisNexis Butterworths.
'I don't take this man to be my lawfully wedded husband': considering the criminal offence 'forced marriage' and its potential impact on the lives of girls and young women with migrant backgrounds in Germany
Braun, Kerstin. 2015. "'I don't take this man to be my lawfully wedded husband': considering the criminal offence 'forced marriage' and its potential impact on the lives of girls and young women with migrant backgrounds in Germany." German Law Journal. 16 (4), pp. 845-870.
'Nothing about us without us': the legal disenfranchisement of voters with disabilities in Germany and its compliance with international human rights standards on disabilities
Braun, Kerstin. 2015. "'Nothing about us without us': the legal disenfranchisement of voters with disabilities in Germany and its compliance with international human rights standards on disabilities." American University International Law Review. 30 (2), pp. 315-346.
Giving victims a voice: on the problems of introducing victim impact statements in German criminal procedure
Braun, Kerstin. 2013. "Giving victims a voice: on the problems of introducing victim impact statements in German criminal procedure." German Law Journal. 14 (9), pp. 1889-1908.
Legal representation for sexual assault victims - Possibilities for law reform?
Braun, Kerstin. 2014. "Legal representation for sexual assault victims - Possibilities for law reform?" Current Issues in Criminal Justice. 25 (3), pp. 819-837.
Do ask, do tell: Where is the protection against sexual orientation discrimination in international human rights law?
Braun, Kerstin. 2014. "Do ask, do tell: Where is the protection against sexual orientation discrimination in international human rights law?" American University International Law Review. 29 (4), pp. 871-903.