Zaburoni v The Queen

HIGH COURT OF AUSTRALIAKIEFEL, BELL, GAGELER, KEANE AND NETTLE JJGODFREY ZABURONI  APPELLANTANDTHE QUEEN  RESPONDENTZaburoni v The Queen[2016] HCA 126 April 2016B69/2015ORDER1.Appeal allowed.2.Set aside the order of the Court of Appeal of the Supreme Court of Queensland made on 15 April 2014 and, in lieu thereof, allow the appeal to that Court and substitute for the verdict found by the jury a verdict of guilty of unlawfully doing grievous bodily harm to the complainant.3.Remit the proceeding to the District Court of Queensland for sentence.On appeal from the Supreme Court of QueenslandRepresentationT A Game SC with G E L Huxley for the appellant (instructed by HIV/AIDS Legal Centre)T A Fuller QC with J A Wooldridge for the respondent (instructed by Director of Public Prosecutions (Qld))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSZaburoni v The QueenCriminal law – Criminal liability – Criminal Code (Q), s 317(b) – Intent to cause specific result – Where appellant HIV positive – Where appellant lied to complainant about his HIV status – Where complainant diagnosed with HIV after frequent unprotected sex with appellant – Whether element of intent to cause specific result satisfied – Whether intent could be inferred from frequency of conduct giving rise to risk of specific result – Whether intent proved by evidence of awareness of risk.Words and phrases – "awareness of risk", "intent", "motive", "proof of intention", "recklessness", "serious disease", "specific intent".Criminal Code (Q), ss 23, 317(b). KIEFEL, BELL...