Law Weblog

Biological GBH nears a conclusion…

Friday 29 July 2005 at 9:14 am | In News | Post Comment

R v Dica [2005] (CA)
[Appeal—Leave refused – point of general public importance certified – biological GBH]
D infected V with HIV during unprotected, consensual, sex and was convicted of “biological GBH” (s 20 of the Offences Against the Person Act 1861). The issue of consent lead to a successful appeal a retrial was order and he was again convicted by the jury.

Held: Leave to appeal to the House of Lords refused but certified that a point of law of general pubic importance was involved in the decision.

Guilty
Comment: The leading cases of consent to serious injury (R v Dica [2004] CA; R v Barnes [2004] CA and R v Konzani [2005] CA) are not at ease with each other, and because leave was refused on a procedural ground it is quite likely that this will go to the House of Lords.