JessicaT9
Badges: 5
Rep:
?
#1
Report Thread starter 2 years ago
#1
What are the exceptions to the thin skull rule? When can it not be used and are there any cases where it hasn’t applied where the defendant has been found not guilty?
0
reply
CoolCavy
Badges: 20
Rep:
?
#2
Report 2 years ago
#2
Moved to Law
0
reply
RV3112
Badges: 15
Rep:
?
#3
Report 2 years ago
#3
(Original post by JessicaT9)
What are the exceptions to the thin skull rule? When can it not be used and are there any cases where it hasn’t applied where the defendant has been found not guilty?
Generally, here you would look at case law concerning where the act of a victim has been held to constitute a novus actus interveniens. Physical vulnerabilities/flaws are all included in the rule (see R. v. Hayward). The law is more uncertain when it comes to things like moral convictions or idiosyncrasies.

The seminal case is the COA judgment in R. v. Roberts, where it was held that causation was broken in the event of "daft" behaviour that was "unforeseeable". Reconciling this thinking with R. v. Blaue is more complicated, and the effect of Blaue is a matter of some debate. It could be argued that any behaviour by the defendant that merely constitutes an omission will not break causation (This would be in line with the thinking of R. v. Holland). However, the more correct interpretation seems to be that the thin skull rule will extend beyond physical characteristics to matters of religious or ethical conviction. It is not necessary that the victims religion, as in Blaue, is forseeable or known to the accused. However, whether or not a victim's behaviour will be seen as "daft" or "unforeseeable" will be judged by reference to a person possessing the same religious or moral beliefs.
Last edited by RV3112; 2 years ago
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Have you experienced financial difficulties as a student due to Covid-19?

Yes, I have really struggled financially (4)
10.26%
I have experienced some financial difficulties (8)
20.51%
I haven't experienced any financial difficulties and things have stayed the same (19)
48.72%
I have had better financial opportunities as a result of the pandemic (5)
12.82%
I've had another experience (let us know in the thread!) (3)
7.69%

Watched Threads

View All