Australia grievous bodily harmdisease transmission

Aubrey v The Queen

(2017) 260 CLR 305

JurisdictionAustralia

CourtHigh Court of Australia

Year2017

StatusBinding authority

Key Principle

The HCA held that consent to assault is vitiated where the accused failed to disclose that they had HIV; the non-disclosure negated the complainant's consent because the risk of serious disease was material to the consent given.

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123

Smethurst v Commissioner of Police (2020) 272 CLR 177

De Silva v The Queen (2019) 268 CLR 57

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