Regina v. Blaue [

1975] 1 W.L.R. 1411, Court of Appeal Criminal Division, England

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Nature of the Case

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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.