NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

'Unjust' shouts Lesley Martin after guilty verdict

31 Mar, 2004 02:14 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

By JAMES GARDINER

"This is unjust," cried euthanasia advocate Lesley Martin after she was found guilty of attempting to murder her dying mother.

And from the dock, she urged people to fight to change the law.

In dramatic scenes inside the High Court at Wanganui, Martin, 40, burst into tears and there were
loud gasps after a jury found her guilty of one charge, using a morphine overdose on her mother, Joy, and not guilty of the second charge, attempted murder by suffocating her with a pillow.

Friends and family members were distraught as Martin stood, face frozen, her hands clenching and unclenching.

After the judge left the courtroom, Martin remained in the dock sobbing, embraced by her elder son, Matthew, 20.

"I'm proud of you," she told him, then called out: "Tell New Zealand to complain about this; this is unjust."

She said supporters should call the euthanasia group she founded, Exit NZ.

"This is people caught between legislation and love.

"There are so many people in the country in my position and I'm just trying everything I can to bring this to a head.

"The time has come to address this issue.

"People have to get off their bums and do something about this, otherwise more and more people are going to end up in my position."

The maximum penalty for attempted murder is 14 years.

But in an unusual move, Martin's lawyer, Donald Stevens, requested that she not be immediately convicted, as she was unlikely to go to prison.

Dr Stevens said he would apply for a discharge without conviction.

After consultation in chambers, Justice John Wild agreed not to record a conviction.

He granted Martin bail, on condition she live at her New Plymouth home and not hold or apply for a passport, a continuation of previous bail conditions.

The jury took just under 5 1/2 hours to reach its verdict after the 13-day trial.

The verdict is a setback for euthanasia campaigners, who vowed to keep fighting to change the law to allow "mercy killings".

Outside the court, Exit NZ committee member Bruce Corney said the trial was not about Joy Martin being the victim.

"Lesley Martin's the victim," he said.

Joy Martin was diagnosed with rectal cancer in 1998.

She was operated on in January 1999, suffered complications, nausea, and depression, and was found to have a cancerous tumour on her liver.

She elected not to have treatment and to be nursed by her daughter, an experienced intensive care nurse, so she could die at home.

In her book, To Die Like a Dog, Lesley Martin described how her mother asked her: "Don't let me lie there, not alive and not dead ... Please help me ... Be quick."

In the book, written as a screenplay, Martin quotes herself as saying: "I'll know ... I'll know when it's time ... I won't leave you like that ... I promise."

Hospice nurse Wiki Alward told the jury that Martin told her she gave her mother 60mg of morphine on the night of May 26-27, 1999.

Mrs Alward said Martin told her the morphine was not because her mother had increased pain but because "my mum had indicated she didn't want a slow painful death, and I did not want that either".

The Crown alleged Martin had refused help to care for her mother, as she wanted to be alone to administer the morphine.

The defence said Martin was stressed, under "intolerable pressure" and exhausted because of a lack of back-up, and that her book could not be relied on for evidence.

In his summing-up, Justice Wild said the case was an important one.

The jury had to put their own views about euthanasia to one side.

He said New Zealand had no defence of diminished responsibility.

After the verdict, he paid tribute to Martin, saying the dignified way she had conducted herself "reflects well upon you as a person".

Martin will be sentenced in Wanganui on April 30.

Australia's "Dr Death", Philip Nitschke, who gained notoriety in 1995 when he helped four terminally ill people commit suicide, called the court case "ridiculous", saying all it did was point to the "remarkable inadequacy of existing legislation".

Dr Nitschke told the Herald that he was surprised by the guilty verdict but admitted the jury was "stuck between a rock and a hard place".

"I think it would be a difficult job for a jury and then for a judge to have to now try to work out some sort of penalty for something that really was a compassionate and loving act."

* Additional reporting: ALAN PERROTT, NATASHA HARRIS

Herald Feature: Euthanasia

Related information and links

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.
Save

    Share this article

Latest from New Zealand

New Zealand

Car submerged in Christchurch’s Avon River

ChristchurchUpdated

Car submerged in Christchurch river, fears people could be inside

07 Jul 08:19 AM
New Zealand

Health NZ board re-established by Government

07 Jul 08:03 AM

From early mornings to easy living

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Car submerged in Christchurch’s Avon River

Car submerged in Christchurch’s Avon River

Emergency services fear people are inside a car submerged in Christchurch’s Avon River.

Car submerged in Christchurch river, emergency services launch search

Car submerged in Christchurch river, emergency services launch search

07 Jul 08:19 AM
Health NZ board re-established by Government

Health NZ board re-established by Government

07 Jul 08:03 AM
'The man I once trusted violently raped me': Man jailed for attacking ex-wife next to sleeping child

'The man I once trusted violently raped me': Man jailed for attacking ex-wife next to sleeping child

07 Jul 08:00 AM
Solar bat monitors uncover secrets of Auckland’s night sky
sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP