Transmitting Disease

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Introduction

There has been much discussion over whether a defendant who passes on a disease can be convicted of an offence, but this is now governed by the following two decisions: R v Dica [2004] and R v Konzani [2005].

R v Dica [2004] 3 ALL ER 593

The defendant was told that he was HIV positive. He proceeded to have unprotected sex with two women.

The defendant was liable under section 20 of the Offences Against the Person Act for inflicting grievous bodily harm. Recklessly having unprotected sex after HIV diagnosis, resulting in the infliction of really serious harm (HIV), is enough to constitute a section 20 conviction.

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CONTENT

R v Konzani [2005] EWCA Crim 706

Konzani was convicted of inflicting grievous bodily harm on three different women, contrry to section 20 of the Offences Against the Person Act. He had been warned that the was HIV positive and was aware of the risk that by having unprotected sexual intercourse he could infect his partners. Nevertheless he had sexual relations with three women without informing them of his HIV status.

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