Offences Against the Person and Sexually Transmitted Diseases: Aubrey v the Queen (2017) 260 CLR 305

11 Pages Posted: 28 Aug 2019

See all articles by James Morgan

James Morgan

Adelaide Law School, The University of Adelaide

Date Written: 2018

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.

Keywords: Offences Against The Person, Sexually Transmitted Diseases, Aubrey V The Queen (2017) 260 Clr 305

JEL Classification: K1

Suggested Citation

Morgan, James, Offences Against the Person and Sexually Transmitted Diseases: Aubrey v the Queen (2017) 260 CLR 305 (2018). Adelaide Law Review, Vol. 39, No. 1, 2018; U. of Adelaide Law Research Paper No. 2019-2. Available at SSRN: https://ssrn.com/abstract=3443307

James Morgan (Contact Author)

Adelaide Law School, The University of Adelaide ( email )

No 233 North Terrace, School of Commerce
Adelaide, South Australia 5005
Australia

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