R v Blaue [1975]

1. Facts:

• The defendant (D) stabbed the victim (V), causing a lung injury.

• V was a Jehovah’s Witness and refused a blood transfusion, which was necessary to treat the injury.

• V died as a result of not receiving the transfusion.

• D was charged with manslaughter.

2. Outcome:

• D was convicted of manslaughter.

• The court held that the stab wound remained a significant cause of V’s death despite V’s refusal of medical treatment.

• The ‘thin skull’ rule was applied, which means that a defendant must take their victim as they find them, including any pre-existing conditions or beliefs.

3. Impact and Analysis:

• ‘Thin Skull’ Rule: This principle, also known as the “take your victim as you find them” rule, asserts that a defendant is responsible for the full extent of harm caused to the victim, even if the victim has unique characteristics or pre-existing conditions that contribute to the outcome.

• Legal Precedent: The ruling emphasised that a defendant cannot escape liability by arguing that the victim's personal beliefs or medical condition contributed significantly to their death. The stab wound remained a substantial cause of death, and the defendant was held fully responsible.

• Lord Justice Lawton’s Commentary: Lord Justice Lawton reinforced that the defendant must account for the victim’s condition and circumstances, asserting that the victim’s refusal of treatment does not sever the link between the defendant's actions and the resulting harm.

• Significance: The case illustrates the extent of a defendant’s liability under the thin skull rule, ensuring that defendants are held accountable for the consequences of their actions, regardless of the victim’s personal characteristics or choices. This decision underscores the principle that the defendant's responsibility is not mitigated by the victim's particular vulnerabilities or refusals of medical treatment.