I know it does not apply in this case because this man is enduring intolerable cruelty and, of course, he should be able to have the last word on his own life and death, but to quote Terry Pratchet...'let us take me as a test case. As I have said, I would like to die peacefully with Thomas Tallis on my iPod before the disease takes me over and I hope that will not be for some time to come, because if I knew that I could die at any time I wanted, then suddenly every day would be as precious as a million pounds. If I knew that I could die I would live......(and here comes the salient point...) My life, my death, my choice.
Those last six words should point the judge in the right direction.
My thoughts are with Mr Nicklinson, his family, and others in a similar position.
May common sense prevail.