Pedophile Malcolm Winston Day, 81, to become first prisoner to end own life under SA voluntary assisted dying legislation

A pedophile who is not eligible for release from prison for more than a decade is set to end his own life under SA’s voluntary assisted dying legislation.

A terminally ill pedophile will be given the opportunity to die on his own terms despite more than 17 years still left to run on his prison sentence.

Repeat sex offender Malcolm Winston Day, 81, will become the first prisoner in the nation to be granted a voluntary assisted dying permit, according to 9News.

Day was a music teacher in the 1980s when he abused two of his students.

Day was sentenced to 20 years in prison last June and would not be eligible for release on parole until 2034.

Day’s counsel Stephen Ey even conceded during court proceedings last year there was but one outcome for his client.

“He is 80 years old and the current average life expectancy for a male is 82.9 years,” he said.

“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.”

But in a twist that will happen much sooner than expected after Day, who is understood to have cancer, began the 11-step process to access voluntary assisted dying in the state.

He is nearing the end of that process.

Exit International director Phillip Nitschke told 9News it was only a matter of time before a prisoner accessed VAD.

Malcolm Winston Day outside the Adelaide Magistrates Court. Picture: Sean Fewster.

“By the sound of it, he satisfies all the conditions of the South Australian assisted dying legislation,” Mr Nitschke said.

“He should be given the option that any other person would have if they were terminally ill.”

When Day was sentenced in June last year for offending against his second victim, Judge Jo-Anne Deuter said he had exploited his student’s longing for love and attention.

“Considerable damage was done to your victim by your offending and also by your conduct at the Education Department tribunal,” Judge Deuter said.

“She has carried through her life the crushing burden of pain, distrust and your lies for 40 years.”

The victim read a victim impact statement to the court during the sentencing process – she said Day had robbed her of the “ephemeral beauty” of creating music.

“I was an intelligent girl with a musical aptitude and what seemed to be an obvious future in music … it was the central focus of my life,” she said.

“I felt confident and accomplished when I performed, music was simply where I belonged.

“Your selfish and disgusting conduct changed my life … you poisoned my life for your own pleasure.”

His second victim was the first to report her abuse, which occurred over the course of dozens of piano lessons while she was 10 years old.

It is understood 39 South Australians have ended their own lives after the VAD legislation was introduced at the start of the year.