laura_brown523
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Hi all

I have this essay to do for my second semester of first year law course at uni.

Blaue [1975] 1 WLR1411 is ‘another example of a court stretching the principles of causation so as to ensure the conviction of a wrongdoer.’ Discuss with reference to relevant case law.

I am tearing my hear out here! Please can somebody help on how to structure this? I need some major help and advice on how to do this question , have't a clue where to start.



Thank you so much for any reply, it will be greatly appreciated.
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Katie_p
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(Original post by laura_brown523)
Hi all

I have this essay to do for my second semester of first year law course at uni.

Blaue [1975] 1 WLR1411 is ‘another example of a court stretching the principles of causation so as to ensure the conviction of a wrongdoer.’ Discuss with reference to relevant case law.

I am tearing my hear out here! Please can somebody help on how to structure this? I need some major help and advice on how to do this question , have't a clue where to start.



Thank you so much for any reply, it will be greatly appreciated.
Hi
I don't recognise the case name so I can't give you detailed help, but here's a bit to hopefully get you started!

Since the case is named, you need to write a brief description of the case (but remember, brief!). I'd also read the judgement and source at least 5 quotes to agree with the title (of which you should try to include 2 in the final draft).
Since the title question says "another example" you should try to find 3 or more of these other examples, again read the judgements and find more quotes than you need.

When you write up, your intro should state what your final conclusion will be, and signpost your arguments.
First paragraph/section should outline the principles of causation, refer to statute and case-law as necessary.
Second should address the other "examples you found".
Third looks at Blaue, in light of second para - is it a similar example, or is it more or less restrained than the others?
Fourth should weigh Blaue (and other examples) against principles, possibly decide if its justified (but as question doesn't specifically ask this check with lecturer/tutor/coursemates).
Then your conclusion ties it all together.
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Cutmeloose
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This case links to the thin skull rule, forseeability, causation etc.

Look at cases like R v Roberts, R v Hayward, R v Dawson, R v Church, R v Chesire. Basically cases where it has been decided that there hasn't been a break in the chain of causation.
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Maura Kat
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(Original post by laura_brown523)
Hi all

I have this essay to do for my second semester of first year law course at uni.

Blaue [1975] 1 WLR1411 is ‘another example of a court stretching the principles of causation so as to ensure the conviction of a wrongdoer.’ Discuss with reference to relevant case law.

I am tearing my hear out here! Please can somebody help on how to structure this? I need some major help and advice on how to do this question , have't a clue where to start.

Thank you so much for any reply, it will be greatly appreciated.


Blaue is a case where the 18 year old victim a Jehovah's witness chose not to undergo a blood transfusion even after being told that failure to have one will bring an end to her young life. She had been stabbed a few times by the defendant after she turned down his request for casual sex.

Blaue's defence was that the victim was to be blamed for her death and her religious beliefs were largely to be blamed for that. His argument was that the victim's failure to undergo the blood transfusion was a novus actus interveniens, a break in the chain of causation, between the stab wounds he inflicted on her and her eventual death.

His appeal was thrown out. Lawton LJ delivered judgment and he said 'It does not lie in the mouth of the assailant to say that his victim’s religious beliefs, which inhibited him from accepting certain kinds of treatment, were unreasonable. The question for decision is what caused the death. The answer is the stab wound'.

and yes, the other person who replied is correct. you have to mention a series of other cases where there was an apparent significant factor that the defendant relied on, to escape liability but the courts were having non of it.

the only case that managed to rely on the 'novus actus interviniens' was R v Jordan. the courts held that after hearing expert evidence they had to conclude that the medical treatment administered to the victim was palpably wrong and was the substantive and operative cause of the unfortunate death.
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