R v Dica

A person who knows he is HIV positive and recklessly infects a sexual partner who did not know of his condition can be guilty of inflicting grievous bodily harm.

Citation
[2004] EWCA Crim 1103, [2004] QB 1257
Court
Court of Appeal (Criminal Division)
Year
2004
Subject
Criminal Law
Topic
Non-fatal offences against the person

Facts

Mr Dica knew that he was HIV positive. He had unprotected sexual intercourse with two women who did not know of his condition, and both became infected with HIV. He was convicted of inflicting grievous bodily harm under section 20 of the Offences Against the Person Act 1861. The judge had ruled that the women's consent to sexual intercourse was irrelevant, following R v Brown.

Legal principle

The Court of Appeal quashed the conviction and ordered a retrial, because the judge had been wrong to withdraw the issue of consent from the jury. Judge LJ said that a person can be guilty of inflicting grievous bodily harm by recklessly transmitting a serious disease through consensual sexual intercourse, overruling the old decision in R v Clarence (1888). However, if the victim knew of the risk and consented to it, the defendant would not be guilty, because consent to the risk of infection is a defence, unlike in Brown. The question was whether the women had consented to the risk of infection, not merely to intercourse. Mr Dica was convicted again at the retrial.

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