March 22, 2018/in Criminal /by Vivek Khanna LLB, LLM, Barrister at Law
In December 2013, nine Supreme Court justices heard the appeal brought by Mr Nicklinson’s widow, Jane, and two people in a similar predicament, against the Court of Appeal’s decision in Nicklinson v Ministry of Justice  EWCA Civ 961. That decision upheld the decision of the Divisional Court to the effect that a person who assisted another to die, who, through physical disability, was incapable of committing suicide, was guilty of either murder if the assistance took the form of terminating life and assisting suicide if it did not. There the applicant’s argument that this was contrary to Article 8 of the European Convention on Human Rights and that a defence of necessity should be accepted to implement the right was rejected. Judgment is reserved for later in 2014.