ID :
184643
Thu, 05/26/2011 - 14:27
Auther :

Sydney woman who helped partner die freed


SYDNEY (AAP) - May 26 - A woman who pleaded guilty to aiding or abetting the suicide of her ailing partner won't serve further jail time, a NSW Supreme Court judge has ruled.
Shirley Justins, 62, has already served the 22-month periodic detention sentence imposed on her in November 2008.
A NSW Supreme Court jury had acquitted the Sydney woman of murder but found her guilty of the manslaughter, by gross criminal negligence, of former Qantas pilot Graeme Wylie.
The 71-year-old died from a lethal dose of the barbiturate Nembutal, after Justins placed an open bottle of the drug and a glass of water within his reach at his Cammeray home in 2006.
Months earlier, Mr Wylie, who had Alzheimer's disease, was rejected for a legally-assisted suicide in Switzerland on the grounds he did not have the cognitive capacity to consent.
During the trial, Justins offered to plead guilty to aiding and abetting suicide in full discharge of the indictment, but the crown did not accept the plea.
Last November, the NSW Court of Criminal Appeal quashed the manslaughter conviction after the three judges found the trial judge erred in his directions to the jury.
Two of the three judges agreed a retrial should be ordered.
Instead, Justins pleaded guilty last month to aiding or abetting suicide/attempted suicide of another.
Sentencing Justins in the NSW Supreme Court on Thursday, Justice Megan Latham noted the custodial sentence Justins had already served reflected the criminality of the current charge.
It was, therefore, not appropriate to impose a custodial sentence, she ruled.
Speaking outside court, Justins said she had no comment to make.
"It's a relief," she added.
* Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14 or SANE Helpline on 1800 18 SANE (7263) or visit www.beyondblue.org.au



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