CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, September 5, 2019

Morgan on Liability for Sexually Transmitted Diseases

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.

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