Thursday, September 5, 2019
James Morgan (Adelaide Law School, The University of Adelaide) has posted Offences Against the Person and Sexually Transmitted Diseases: Aubrey v the Queen (2017) 260 CLR 305 (Adelaide Law Review, Vol. 39, No. 1, 2018) on SSRN. Here is the abstract:
Section 35 of the Crimes Act 1900 (NSW) provides for a criminal offence of grievous bodily harm. Prior to legislative amendment in 2007, this provision did not expressly extend criminal liability to transmission of disease. In the case of Aubrey v The Queen, it fell to the High Court of Australia to interpret this historical version of s 35. In doing so, the High Court departed from the English authority of R v Clarence3 — interpreting that s 35, as it stood in 2004, did not require immediate physical injury, and extends to transmission of disease.