REGINA V. BLAUE
[1975] 1 W.L.R. 1411, Court of Appeal Criminal Division, England
NATURE OF THE CASE: This was an appeal from a conviction of manslaughter on the grounds
of diminished responsibility.
FACTS: The victim was 18 and was a Jehovah's Witness. D came into her house and asked her
for sexual intercourse. She refused, D attacked her with a knife inflicting four serious
wounds. One pierced her lung. D ran away. When the victim eventually got to the hospital, it
was determined that she needed a blood transfusion. The victim refused based on her
religion. She was told that if she did not have a blood transfusion she would die. The
victim acknowledged that she refused in writing. She died the next day. During trial it was
acknowledged by the prosecution that she was conscious and decided against the course of
treatment deliberately knowing of the consequences. D then moved to be acquitted on the
charge of murder; it was the refusal to have the blood transfusion that broke the chain of
causation between the stabbing and her death. D was convicted of manslaughter based on
diminished capacity and acquitted of murder. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment