On responsible relationships and irresponsible sex - criminalising the reckless transmission of HIV R v Dica and R v Konzani [2007] CFLQ 112

In R v Dica and again in R v Konzani, the Court of Appeal considered whether a defendant who, with advertent recklessness rather than purposive intent, had infected another with the HIV virus during consensual sexual intercourse could be liable for inflicting grievous bodily harm contrary to section 20 of the Offences Against the Person Act 1861. Having outlined the grounds upon which the Court of Appeal reached its conclusion in each of these cases, this commentary will examine the combined effect of the decisions, with particular reference to the concepts of relationship and responsibility that have long informed family law and policy.