Teacher, 81, who sexually abused 2 pupils allowed to take his own life in prison

29 August 2023 , 14:50

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Malcolm Day will be allowed to take his own life in jail (Image: Nine)

A paedophile music teacher who sexually abused two of his students will be allowed to take his own life in prison.

Malcolm Day, 81, was jailed for 20 years last June after grooming and abusing the two children - one as young as 10 - in the 1980s. He has 17 years left to serve but has been diagnosed with a terminal illness; possibly cancer.

The sex offender, from Adelaide, Australia, wants to take his own life under euthanasia laws and is believed to be near the end of the application process. Day is thought to be the first prisoner in Australia who will be granted a voluntary assisted dying permit.

The voluntary assisted dying legislation was introduced in South Australia in January and since then 39 terminally-ill people have taken their own lives. Philip Nitschke, director of pro-euthanasia group Exit International, said use of the scheme by a prisoner was going to happen 'sooner or later'.

He added: "So there should be no impediment… he should be given the option that any other person would have if they were terminally ill.".

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Day is not eligible for parole until 2034 and his barrister Stephen Ey said it was likely he would die in prison due to his age, 9 News reports. Mr Ey said in court: "He is 80 years old and the current average life expectancy for a male is 82.9 years. Given that he still has six years to go on his current non-parole period, it's likely that he will die in jail … he has to face up to that."

At the time, one of Day's victims described the abuse she suffered as 'selfish and disgraceful'. Judge Jo-Anne Deuter said the victim had 'carried through her life the crushing burden of pain, distrust and your lies for 40 years'.

Lorraine King