Robert Tolhurst represented an 82-year-old man, of exemplary character, who had pleaded guilty to Attempted Murder on a previous occasion. After a 50-year marriage characterised by unconditional love and unstinting care for his wife and son, the defendant attempted to take his own life and his son’s following the death of his beloved wife. 

The couple had devoted their married life to the round the clock care of their son, aged 45, born with Cerebral Palsy following a traumatic birth. The defendant’s wife, diagnosed with terminal Cancer in 2020 also developed COPD 15 years ago and suffering intolerable pain, requiring oxygen day and night, she too became completely dependent upon the defendant, requiring personal care 24 hours a day. 

Recognising the burden of the caring responsibilities for their son as his health deteriorated and afraid that he would be at risk if he was forced to live in care, the couple had agreed that should one of them die, the other would take their and their son’s lives. 

Devastated by the loss of his wife and having dedicated his life to the care of his son, in the hours that followed, the defendant was suffering with an adjustment disorder which had caused a significant impairment of his mental functioning and his ability to form rational judgement. In these circumstances the defendant took an overdose of paracetamol and administered a similar overdose to his son intending that they would both die. 

In a case which was described by all parties as ‘utterly tragic’, the defendant and his son survived. The defendant dialled 999 and asked for an ambulance admitting immediately what he had done. 

The Honourable Mr Justice Wall passed a sentence of 2 years imprisonment suspended for 2 years.

https://www.bbc.co.uk/news/articles/cmljyrnwlvpo

Adam Western advised on plea at an earlier stage of proceedings.