By Richard Haigh
Completely revised and up to date version of the 1st consultant to the felony elements of AIDS. Written by means of skilled lawyers for The Terrence Higgins belief. Covers assurance, housing employment, teenagers, immigration, felony legislations.
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Additional info for Aids
If this definition is considered it is rather more difficult to see why the transmission of an infection cannot amount to an assault per se, although a great deal would depend on the interpretation of ‘violence’. It is well established that ‘violence’ includes the application of only slight force. Certainly in his dissenting judgment in Clarence, Hawkins, J. expressed the view that ‘wilfully to place his diseased person in contact with hers without her express consent amounts to an assault’ [p.
20 of the Offences Against the Person Act 1861. The Court of Crown Cases Reserved overturned the convictions and held: The criminal law and HIV infection 27 That consent obtained by fraud is no consent at all is not true as a general proposition either in fact or in law. If a man meets a woman in the street and knowingly gives her bad money in order to procure her consent to intercourse with him, he obtains her consent by fraud, but it would be childish to say that she did not consent. (per Wills, J.
To bind over a defendant means, effectively, to require them to give an undertaking to the court to be of good behaviour for a stated period [normally a year]. ) It is of course fundamental that the defendant consents to and co-operates with such an approach, or indeed any disclosure of their health status (for example, for the purposes of mitigation) which may take place during criminal proceedings. It is advisable for information relating to HIV status to be volunteered by the defendant rather than asked for.
Aids by Richard Haigh