Thursday, 1 March 2012

Vic: Act of love in drag queen death

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Vic: Act of love in drag queen death

MELBOURNE, April 12 AAP - A Melbourne father of two, said to have performed an "actof love" in trying to smother his dying, drag-queen former lover, today walked free fromcourt on an 18 month suspended jail sentence.

Supreme Court judge, Justice John Coldrey, said he did not believe that "thoughtfulmembers" of the community would regard an immediate prison term as necessary in the caseof 31-year-old Raymond John Hood.

Hood, originally charged with murder, pleaded guilty to aiding or abetting 30-year-oldDaryl Colley to commit suicide at Colley's Glenroy home on April 21, 2000.

The court heard that Mr Colley took a lethal cocktail of drugs and alcohol a day aftersummoning about 40 friends and relatives to a "wake" at his home.

Mr Colley, who was HIV positive, had told his friends he intended to kill himself becausehe was suffering from inoperable brain tumours which would result in him becoming a vegetable.

An autopsy revealed that he was not suffering from brain tumours.

Justice Coldrey said that Hood waited for some hours for the tablets to end his friend'slife before embarking on a more active role, using his hand to cover Mr Colley's noseand mouth for about 30 seconds.

He stopped because his actions made him feel ill, said the judge.

A pathologist found that Colley died from a drug overdose.

The judge said that in considering the offence, it was not the function of the courtto enter into any debate on the subject of euthanasia.

Justice Coldrey said Hood's counsel had submitted that his assistance to Mr Colleywas "both courageous and an act of love".

The judge added: "Accepting that description of what you did, it was, nonetheless,misplaced courage and misguided love".

AAP sew/mh/cjh/de

KEYWORD: HOOD

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