Criminal liability for reckless HIV transmission?

Can a person be criminally liable under section 20 of the offences of the person act 1861 when he merely had a suspicion that he had HIV. He then engaged in sexual intercourse without confirming his HIV status, infecting his partner. Is this sufficient for recklessness under the Act.

This is for my practice moot case and this is my ground. I am prosecuting. Arguably policy grounds would be against me and obviously i have to use the Court of Appeal decisions in Dica and Konzani.

However, should i also use R v. Savage, R v. Parmenter (H of Lords) as an approach to arguing that awareness of the risk of transmission is sufficient for a charge under section 20 OAPA 1861? Because there, Lord Ackner said that all that was needed was foresight that some harm might occur.

The defendant here was unaware of his HIV positive status prior to engaging in intercourse. However, he suspected it. Is this sufficient? I am arguing it is. The case is going to the moot House of Lords. I'm so nervous!

I would say that you have a good statement to argue from, given the magnitude of the seriousness that this disease carries. After all, with the exception of "Magic Johnson" its a life sentence.

Yep, its a section 18.

GBH with intent.

I remember, wow, it must be 25 years ago or so in Denver, Colorado, it must have been before all the Aids/HIV privacy laws were in effect... I remember there was a prostitute that wouldn't stop her trade so the Denver PD actually put her picture along with a warning to possible future patrons on the television news and newspapers.

It seems to me (though it was a long time ago) that she was prosecuted for "attempted murder" or some such...when they got her.

Check it, it may help.

need to clarify this...

was the criminal diagnosed as being HIV positive by a doctor? if so then this criminal is liable for failing to give his status to his consenting partner.

If the criminal suspected he had HIV... from prior drug use, infected family members, unprotected sex and other potential transmissiions I don't think the criminal is completely liable. As a percentage approximately 40% of HIV positive men and women are unaware of their status (until later in life usually).

Interesting case though and one which would require top lawyers to deal with.