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Criminal Law Lecture - Year One, Term 1: Disease Transmission $9.73   Add to cart

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Criminal Law Lecture - Year One, Term 1: Disease Transmission

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Criminal Law Lecture - Year One, Term 1: Disease Transmission including case law

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  • April 13, 2021
  • 3
  • 2019/2020
  • Class notes
  • Dr sanjeen hossain, professor alan norrie and dr laura lammasniemi
  • All classes
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22nd November 2019

Criminal Law - Lecture 12: Non-fatal offences in context: HIV/Disease transmission

- You can’t consent to harm or wounding
- There are certain public policy exceptions to this rule EG medical intervention etc

Disease Transmission:
- Criminalised only in certain circumstances
- Extensive focus on sexually transmitted diseases (STDs), HIV in particular
- Developed through the common law
- Public health implications
o Are STDs more public health issues than criminal issues?
- Historically regulation of VD transmission has been associated with sex work, and
targeted sex workers
- Particularly strict legislation during wartime when framed as a risk to national
security
- VD contagion is dealt differently from other communicable diseases due to its
historical, social and moral context
- Regulation linked to sexual morality, family and desirable sexual behaviour
- During wartime = people were worried about STDs being transmitted to members of
the army
- VD = Venereal disease
- Level of harm/GBH = cases so far focused on serious diseases (mainly HIV) now all
serious STDs can be GBH (EG Golding (2014))
 Man transmitted herpes to his partner and was later charged with
GBH
o HIV considered to amount to GBH
o Untreated, all STDs can have life limiting and serious physical and
psychological ramifications
o Overwhelming majority of prosecutions under section 20/reckless
transmission
o Considered to be GBH because of the physical implications and the wider
social consequences and the stigma attached to them
o Most prosecutions for this come under section 20:
 (Section 20 = inflicting GBH)
 (Section 18 = causing GBH)
 (Section 20 = reckless as to some harm, if they knew about the
disease with no precaution = reckless)
o R v Rowe (2017)
 He found out that he had HIV and then tried to pass it on to as many
as people as possible
 Didn’t use a condom and infected 10 men in total, most of these men
are now living with HIV
 “I have HIV. LOL. Ooops!” and traunted the victims
 Sentenced for life imprisonment with a minimum of 10 years
 Although no prosecutions previously, this clearly comes under OAPA

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