A Canberra man who helped his partner die says he is "relieved" and "grateful" that assisted suicide charges against him were dropped, after prosecutors decided it was not in the public interest to prosecute him for an act of "love and compassion".

Key points: Neil O'Riordan says his partner of 35 years, Penelope Blume, was his wife

Neil O'Riordan says his partner of 35 years, Penelope Blume, was his wife Prosecutors say the consequences of pursuing the assisted suicide charges would be "unduly harsh"

Prosecutors say the consequences of pursuing the assisted suicide charges would be "unduly harsh" DPP says there is enough evidence to potentially convict him, but it is not in the public interest

Neil O'Riordan's partner of 35 years, Penelope Blume, was suffering from the advanced stages of motor neurone disease when she died in his arms at their home on March 15.

The couple had shared a last meal and sat together hugging and talking until the early hours of the morning.

In the process of taking her own life, Ms Blume used an item modified by Mr O'Riordan, 63, that ensured she was unconscious before she died.

He was subsequently charged with one count of aiding suicide.

Mr O'Riordan and Ms Blume had been together for 35 years. ( Facebook: Penelope Blume )

Mr O'Riordan said he was not surprised when he was charged, but that from the day police entered his house, on the day of Ms Blume's death, the police had "displayed nothing but compassion".

"Although I'm a nurse by trade, I've worked around the legal system a lot and I knew that action would need to be taken," he said.

"I was aware the actions that Penelope and I were engaged in might have not given other people many options."

He said it was still a risk worth taking in his and Ms Blume's circumstances.

'I will live with the decision I made'

Though they were not legally married, Mr O'Riordan described Ms Blume as his wife, a Buddhist, and said she had a calming influence on his life.

Both nurses by trade, the pair bonded over their love of food and travel.

"We were determined that we wanted to live some of our life the way we wanted to live it and that involved for us spending a large amount of time travelling and living overseas," he said.

"She wanted to see, in her mind, the things that mattered: Borobudur, Angkor Wat, the Egyptian pyramids.

"We got to do a lot of things and I'm grateful that we had time together and an opportunity to live our lives to the fullest."

Mr O'Riordan modified an item that ensured Ms Blume was unconscious before she died. ( Facebook: Penelope Blume )

He said they had both discussed, throughout their relationship, having the right to choose at the end of their lives.

"Neither of us wanted to be living in nursing homes, neither of us wanted to be dependant on others for everyday activities," he said.

"I suspect for Penelope, who'd always enjoyed pretty good health, having a body that didn't work anymore was catastrophic.

"And a lot of her thinking, and through her Buddhist practice, was about getting herself ready [for death]."

Through tears, Mr O'Riordan described how he felt about the circumstances of his partner's death, which he said was the "bravest thing [he'd] ever seen".

"I will live with the decision that I made," he said.

"I told her I would never be ready and that when she was in the right place she needed to tell me."

He said they both considered going to Switzerland or interstate to Victoria, where laws around assisted dying differed.

"But my wife wanted to die at home and at a time of her choosing," he said.

Ms O'Riordan said his Ms Blume's death was the "bravest thing" he'd ever seen. ( Facebook: Penelope Blume )

Mr O'Riordan said assisted dying laws were "inevitable" and "strongly" urged legislators to listen to the community.

"I think that voluntary assisted dying is a topic that's here to stay," he said.

"But I'm not a legislator and I think it's up to our communities to express an opinion and our parliaments to make a decision."

When asked how he would like his wife to be remembered he joked; "perhaps taller than she was".

"As I said before, I will be eternally grateful that our paths crossed and I'm a better person as a result — despite recent events," he said.

Consequences would be 'unduly harsh and oppressive'

In giving his reasons for the decision, ACT Director of Public Prosecutions Shane Drumgold said he did not intend the move to be a green light for assisted suicide in Canberra.

Mr O'Riordan had discouraged his wife from ending her life, successfully convinced her to delay on at least one occasion, and was honest and cooperative with police.

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Mr Drumgold found Mr O'Riordan had been motivated by "love and compassion" when he helped the terminally-ill Ms Blume have a "quick and painless" death.

Mr Drumgold said, if not for Mr O'Riordan's help, Ms Blume may have suffered a prolonged and distressing death.

"Although the evidence establishes that the defendant rendered aid to the deceased, the assistance offered was minimal, motivated wholly by love and compassion, and designed to ensure that the deceased's death was quick and painless," he said.

"Had the defendant not made minor modifications to an item used in the suicide, death would have still resulted, however, it may have been prolonged, resulting in a highly distressing process for the deceased."

Decision 'doesn't clear way' for legalising assisted suicide

Today Mr Drumgold informed the ACT Magistrates Court he had decided not to proceed with the case, tendering a statement of reasons to the court, which set out the decision not to prosecute.

"The purpose of publishing these reasons is to affirm transparency and accountability in the decision-making process," Mr Drumgold told the court.

In his reasons, Mr Drumgold explained that the decision to prosecute a case was a two-stage process.

The first question, was whether the evidence offered a reasonable chance of securing a conviction.

Mr Drumgold concluded there were reasonable prospects of a conviction as Mr O'Riordan had knowledge of the impending suicide and had intentionally modified an item used to bring about his wife's death.

The second question was one of public interest.

Mr Drumgold found it would not be in the public interest to prosecute Mr O'Riordan as the consequences would be "unduly harsh and oppressive in the circumstances".

"Although the defendant was present for the deceased's death, he stated that this was because he loved the deceased and did not want her to endure the trauma of death alone," he said.

"This in turn caused the defendant significant trauma that he displayed during a subsequent lengthy police interview and beyond."

But Mr Drumgold said it was not his intention to set a precedent for how assisted suicides were dealt with in the ACT, noting it was not a government policy position.

"It must be made clear that the exercise of my discretion in this matter is in no way intended to provide guidance on how to aid a suicide and avoid prosecution," he said.

"The decision is based on the very unique facts of this case and the application of the ACT Prosecution Policy."