R v Dica [2004]

1. Facts:

• Scenario: D had consensual sex with women while knowing he was HIV positive.

• Consequence: The women contracted HIV as a result.

2. Outcome:

• Initial Conviction: D was convicted of inflicting GBH under s.20 of the Offences Against the Person Act (OAPA).

• Appeal: D argued that the women were aware of his condition and consented.

• Final Decision: Conviction quashed. The court held that consent by V is a defence under s.20 but not under s.18.

3. Impact and Analysis:

• Legal Principle: This case clarifies that for s.20 offences, consent of the victim can serve as a defence.

• Implications: It highlights the distinction between s.20 and s.18 offences in terms of the applicability of consent as a defence.