Mercy Killing,Partial Defences and Charge Decisions: 50 Shades of Grey

Abstract

The revolution of the partial defences to murder by the Coroners and Justice Act 2009 may have had a catastrophic impact on cases of mercy killing.¹ While previously shoehorned into the diminished responsibility plea, the medicalisation of this defence may prevent such a ploy. However, a recent case has offered insight into the circumstances which may still result in a manslaughter conviction for mercy killers through a new avenue previously thought impermissible. This article will discuss the case and those similar, alongside charging decisions and just results. Mercy killing remains a grey area in the criminal justice system, but is there light at the end of the tunnel?