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Right-to-die cases due at Court of Appeal Right-to-die cases due at Court of Appeal
(about 4 hours later)
Two severely disabled men are going to the Court of Appeal in an attempt to change laws governing the right to die. Two severely disabled men will go to the Court of Appeal later to try and change laws governing the right to die.
Paul Lamb, from Leeds, was paralysed from the neck down in a car accident and wants a doctor to help him to die.Paul Lamb, from Leeds, was paralysed from the neck down in a car accident and wants a doctor to help him to die.
The 58-year-old, who has taken up the case begun by the late Tony Nicklinson, is seeking a ruling that would give doctors a defence to a murder charge.The 58-year-old, who has taken up the case begun by the late Tony Nicklinson, is seeking a ruling that would give doctors a defence to a murder charge.
The other man known only as Martin is seeking a change to the prosecution of assisted suicide. The other man, known only as Martin, is seeking a change to the prosecution of assisted suicide.
The High Court in August last year turned down the challenges to the law in England and Wales, saying such decisions were for Parliament to decide.The High Court in August last year turned down the challenges to the law in England and Wales, saying such decisions were for Parliament to decide.
The Court of Appeal hearing before the Lord Chief Justice, Lord Judge, and two other judges, is expected to last several days.The Court of Appeal hearing before the Lord Chief Justice, Lord Judge, and two other judges, is expected to last several days.
The family of the late Tony Nicklinson is also a party in the case.The family of the late Tony Nicklinson is also a party in the case.
Mr Lamb was paralysed in a car accident in 1990 and suffers excruciating pain. Mr Lamb is seeking a court declaration that any doctor who killed him would have a defence known as "necessity" against such a charge - that it was necessary for the doctor to act to stop intolerable suffering.
His paralysis is so severe that he could not take the final steps to assist in his own suicide and would need a doctor to kill him, which would amount to murder in the eyes of the law. He has no function in any of his limbs apart from a little movement in his right hand after a car accident in 1990.
Mr Lamb says he has been in pain for 23 years, needs 24-hour care and his life consists of "being fed and watered".
His paralysis means he could not physically take the final steps to assist in his own suicide and would need a doctor to kill him, which would amount to murder in the eyes of the law.
The divorced father-of-two, said is was not depressed and just wants to end his life in a dignified way, with his loved ones around him.
His case is being supported by the British Humanist Association, which wants to establish the right to doctor-assisted death in certain circumstances.
Mr Nicklinson, 58, who was paralysed by a stroke in 2005 and suffered from locked-in syndrome, died from pneumonia at his home in Melksham, Wiltshire, a week after the High Court ruling.Mr Nicklinson, 58, who was paralysed by a stroke in 2005 and suffered from locked-in syndrome, died from pneumonia at his home in Melksham, Wiltshire, a week after the High Court ruling.
Martin is hoping that his legal action will force the director of public prosecutions to allow health professionals assist him to end his life. Martin is hoping his legal action will force the director of public prosecutions to allow health professionals assist him to end his life.
Current guidance makes it clear that friends or family assisting a suicide out of compassion are unlikely to be prosecuted. But Martin's wife does not wish to be actively involved in his suicide. Current guidance makes it clear friends or family assisting a suicide out of compassion are unlikely to be prosecuted. But Martin's wife does not wish to be actively involved in his suicide.
BBC legal correspondent Clive Coleman says the challenges are being seen as the most ambitious attempt yet to change laws governing the right to die.BBC legal correspondent Clive Coleman says the challenges are being seen as the most ambitious attempt yet to change laws governing the right to die.
Other cases in the past included Diane Pretty, who was terminally ill with motor neurone disease and died in 2002, - she wanted the courts to give her husband immunity from prosecution. Other cases in the past included Diane Pretty, who was terminally ill with motor neurone disease and died in 2002. She wanted the courts to give her husband immunity from prosecution.
Debbie Purdy, who has severe multiple sclerosis, challenged the lack of clarity on the law on assisted suicide. She won her case and guidance was issued in 2010, but the law did not change. Debbie Purdy, who has severe multiple sclerosis, challenged the lack of clarity on the law on assisted suicide. She won her case and guidance was issued in 2010, but the law did not change.
Mr Lamb, a divorced father of two, said he was not depressed and just wanted to end his life in a dignified way, with his loved ones around him. Disability rights group Scope and anti-euthanasia campaigners have argued that current laws protects vulnerable people.
His case is being supported by the British Humanist Association, which wants to establish the right to doctor-assisted death in certain circumstances.
But the disability rights group Scope and anti-euthanasia campaigners have argued that current laws protects vulnerable people.
In Scotland there is no specific law on assisted suicide, although in theory someone could be prosecuted under homicide legislation. The law in Northern Ireland is almost identical to that in England and Wales.In Scotland there is no specific law on assisted suicide, although in theory someone could be prosecuted under homicide legislation. The law in Northern Ireland is almost identical to that in England and Wales.