Aubrey v The Queen

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, KEANE, NETTLE AND EDELMAN JJMICHAEL AUBREY  APPELLANTANDTHE QUEEN  RESPONDENTAubrey v The Queen[2017] HCA 1810 May 2017S274/2016ORDERAppeal dismissed.On appeal from the Supreme Court of New South Wales RepresentationG R James QC with P D Lange and M G Coroneos for the appellant (instructed by Murphy's Lawyers)L A Babb SC with H Baker and B K Baker for the respondent (instructed by Solicitor for Public Prosecutions (NSW))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAubrey v The QueenCriminal law – Infliction of grievous bodily harm – Meaning of "inflicts" – Where appellant caused complainant to contract human immunodeficiency virus – Whether infliction requires force and immediate physical injury – Whether communication of infection or disease amounts to infliction – Consideration of R v Clarence (1888) 22 QBD 23 and R v Dica [2004] QB 1257. Criminal law – Fault element – Recklessness – Foresight of risk – Where appellant diagnosed with human immunodeficiency virus – Where appellant knew of possibility of transmitting virus through unprotected sexual intercourse – Whether foresight of possibility of risk sufficient to establish recklessness. Words and phrases – "always speaking", "contemporary ideas and understanding", "grievous bodily harm", "inflicts", "maliciously", "recklessly".Crimes Act 1900 (NSW), ss 5, 35(1)(b), 36. KIEFEL CJ, KEANE, NETTLE AND EDELMAN JJ. The appellant was presented in the District Court of New South Wales on an ex officio indictment alleging one count of maliciously causing the complainant to...