| 词条 | R v Blaue |
| 释义 |
| name = R v Blaue | court = Court of Appeal | caption = | date decided = 9 July 1975 | full name = | citations = [1975] 1 WLR 1411; [1975] 3 All ER 446; (1975) 61 Cr App R 271; [1975] Crim LR 648; (1975) 119 SJ 589 | subsequent actions = | opinions = | transcripts = | keywords = Novus actus interveniens; causation; blood transfusion }} R v Blaue (1975) 61 Cr App R 271 is an English criminal law case in which the Court of Appeal decided that the refusal of a Jehovah's Witness to accept a blood transfusion after being stabbed did not constitute a novus actus interveniens for the purposes of legal causation. FactsThe defendant entered the home of an 18-year-old woman and asked for sex. When she declined his advances, he stabbed her four times; the wound penetrated her lung which necessitated both a blood transfusion and surgery in order to save her life. After refusing treatment because of her religious beliefs (as a Jehovah's Witness) she died. Medical evidence showed that she would not have died if she had received treatment. The prosecution did not challenge the defence's evidence that the defendant was suffering from diminished responsibility. In his final speech to the jury, counsel for the Crown accepted [1] that the girl’s refusal to have a blood transfusion was a cause of her death. The defence argued that the victim’s refusal to accept medical treatment broke the chain of causation between the stabbing and her death. JudgmentLawton LJ ruled that, as a matter of public policy, "those who use violence on others must take their victims as they find them,"[2] invoking the thin-skull rule. The defendant's conviction of manslaughter was upheld. See also
References1. ^http://www.bailii.org/ew/cases/EWCA/Crim/1975/3.html {{UK-law-stub}}{{crime-stub}}{{JehovahsWitnesses-stub}}2. ^http://www.bailii.org/ew/cases/EWCA/Crim/1975/3.html 8 : English criminal case law|1975 in England|1975 in case law|Court of Appeal of England and Wales cases|Jehovah's Witnesses litigation|1975 in British law|Christianity and law in the 20th century|Medical lawsuits |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。