A MAN who infected his same-sex partner with HIV has lost his High Court appeal against charges of grievous bodily harm, ABC News has reported.
The man, who cannot be named for legal reasons, was diagnosed with HIV two years before starting a relationship with his partner. He claimed to be negative and the pair had condomless sex despite a doctor’s warning to use condoms.
The man was convicted and sentenced to five years’ jail. He later appealed to the NSW Court of Appeal, and then to the High Court.
His lawyers argued that the charge of grievous bodily harm required a violent criminal act, but this was dismissed by the High Court.
The court determined that the law did not require force leading to immediate injury for the charge, and that it extended to transmission of infection.
The court found that the man’s knowledge that HIV transmission was possible, rather than probable, was sufficient for him to be found guilty of recklessly inflicting grievous bodily harm.