R v Konzani [2005]

R v Konzani [2005]

1. Facts:

• Scenario: D engaged in sexual activities with women while knowing he was HIV positive.

• Consequence: The women were unaware of D's HIV status and subsequently contracted the virus.

2. Outcome:

• Conviction: D was convicted under s.20 of the Offences Against the Person Act (OAPA) for inflicting grievous bodily harm.

• Reasoning: The court determined that lack of consent due to the victims' ignorance of D's HIV status constituted a sufficient basis for the conviction.

3. Impact and Analysis:

• Legal Principle: This case reinforces that in s.20 offences, lack of informed consent, especially concerning significant health risks, can lead to criminal liability.

• Implications: The ruling underscores the importance of disclosing significant health risks to partners, impacting how consent is evaluated in cases involving transmission of serious diseases.