R v Blaue (1975) Case Note (Facts (V refused to have a blood transfusion…
R v Blaue (1975) Case Note
D stabbed the V several times
The V refused to have sex with Blaue (D)
V required a blood transfusion to survive
V refused to have a blood transfusion on religious grounds
She was a practicing Jehovah's Witness, meant she could not have the transfusion.
V was 18
Died the day after
Was Blaue still responsible for causing the V's death?
The Thin Skull Rule
- take V as you find them, religious beliefs are covered by this
At the time of death the original wound is still the legal cause of death.
Yes, he was still the cause of the V's death.
It may not be argued that that religious beliefs are unreasonable
The V was entitled to refuse the blood transfusion
Can be said that the case established that religious beliefs can be covered by the thin skull rule
Before it only took into account the physical elements of a person, not mental i.e. religion
Re T (the refusal of medical treatment) Similar fact case.
Thin Skull Rule
that you take your victim as you find them.