Australia

Aubrey v The Queen

(2017) 260 CLR 305

JurisdictionAustralia

Year2017

Statusunclear

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

Ask CommonBench about this case

Get a detailed analysis of Aubrey v The Queen and how it applies to your situation.

Explain Aubrey v The Queen