The accused man was the survivor of a suicide pact and was charged with murder. When he appeared in court the Crown made an application to further present him under the provisions of the Crimes Act (Vic.), 1967—amending legislation that, amongst other things removed the criminal stigma from suicide and attempted suicide. The accused was found not guilty of murder by direction but guilty of aiding and abetting suicide pursuant to a pact. The subsequent contested plea is considered in relation to the problem of punishment and treatment.
References
1.
BartholomewA. A. (1958). Attempted suicide (Correspondence)Brit. med. J., 2: 740.
2.
BartholomewA. A. (1967). Suicidal behaviour and the Department of Mental Health. Read at a Workshop organized by Victorian Council for Mental Hygiene at Alfred Hospital, Melbourne. 28th October, 1967.
3.
Criminal Law, Butterworth's Annotated Acts of Victoria (1959). Edited by BourkeJ. P.SonenbergD. S.BlommeD. J. M. Butterworth, London.
4.
EastW. N.de HubertW. H. B. (1939). The Psychological Treatment of Crime, London.
5.
Editorial (1969). Alcoholic and drug dependent persons Act. Aust. N.Z. J. Criminol., 2: 65.
6.
JonesM. (1953). The Therapeutic Community: A New Treatment Method in Psychiatry. Basic Books, New York.
7.
LykkenD. T. (1957). A study of anxiety in the sociopathic personality. J. Abnorm. soc. Psychol., 55: 6.
8.
MacKwoodJ. C. (1954). Remedial and Educational Psychotherapy During Penal Detention, in The Roots of Crime, EastNorwood (Ed.). Butter-worth, London.
9.
OverholserW. (1962). Archives of Criminal Psychodynamics. Memorial Issue, 5: 1; See also Karpman, B. My patient, the criminal. Ibid, 1–35.
10.
Royal Commission on Capital Punishment1949–1953 Report, Her Majesty's, Stationery Office, Cmnd. 8932, para. 163 et seq. p. 59 et seq.
11.
SamuelsA. (1961). Two Recent Acts. 1961 Crim. L.R. 582, 591.
12.
WilliamsG. L. (1958). The Sanctity of Life and the Criminal Law. Chapter 7, The Prohibition of Suicide, Faber and Faber, London.