Offences Against the Person and Sexually Transmitted Diseases: Aubrey v the Queen (2017) 260 CLR 305
11 Pages Posted: 28 Aug 2019
Date Written: 2018
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: Suggested Citation