5. Van Duyn V Home Office December 5, 1974

The UK joined Europe in 1972. This case a few years later concerned how European law should be applied – what was the status of a European directive? Yvonne van Duyn, a Dutch woman, wanted to enter the UK to take up employment with the Church of Scientology. She was refused entry and challenged the decision under a European directive guaranteeing the freedom of movement for workers. The High Court made a preliminary reference to the European Court of Justice (ECJ). The question arose whether the rights conferred under the Article of the EEC Treaty were directly applicable and enforceable by an individual in the courts of a member state. The ECJ ruled that the rights were enforceable without the need for further laws in each state to have been passed.

6. Attorney-General’s Reference No. 1 of 1975 April 26, 1975

What does the law say in the case of someone who secretly puts alcohol in the drink of a person who then goes on to drive. Such a prank or plot is, of course, dangerous and potentially lethal. This case was an Attorney-General’s Reference, a procedure by which the appeal court can rule on a point of law that the Attorney-General wants clarified. The Court of Appeal was asked to consider the position of an accused who had surreptitiously laced, with double measures of spirits, an otherwise innocuous drink of a friend when he knew the friend would shortly be driving home. As a result, the friend was guilty of driving with an excess of alcohol in his blood. The driver was guilty in that the driving offence is one of strict liability – it doesn’t matter whether you did it on purpose, or accidentally, just that you did it. It was held that the person accused of lacing drinks in these circumstances was guilty as a secondary party provided he knew that his friend was going to drive and also that the alcohol surreptitiously given would bring his blood-alcohol concentration above the prescribed limit. The Court pointed out that the “generous host” who kept his guest’s glass topped up would not necessarily be guilty in the same way since in that case the guest would be aware of the contents of his glass and could make his own decision as to whether to drive.

7. R V Blaue July 17, 1975

In criminal law, can a wrongdoer defend himself by saying his victim’s fate wouldn’t have been so bad if she had not had the unusual beliefs she did have? This case answered that question. Robert Blaue stabbed the victim, who was taken to hospital. The victim, a Jehovah’s Witness, was informed that without a blood transfusion she would probably die. She refused to accept a transfusion as it would have been contrary to her religious beliefs. The accused appealed against his conviction for manslaughter at Teesside crown court on the grounds that the victim’s refusal to accept a blood transfusion broke the chain of causation. The court dismissed the appeal. Those who inflict violence must take their victims as they find them. The victim’s refusal to accept treatment does not break the chain, even if it is an unreasonable belief.