Criminalising infection: Questioning the assumption that transmitting HIV constitutes grievous bodily harm

Abstract

This article considers whether, in light of medical advances in the treatment of human immunodeficiency virus, the intentional or reckless transmission of human immunodeficiency virus should constitute grievous bodily harm in New South Wales law. The author argues that as a result of the major medical advances in the treatment of human immunodeficiency virus, it should no longer be simply assumed that human immunodeficiency virus is grievous. The article also considers a related question of statutory interpretation, namely how should the word ‘disease’ in s 4(1)(c) of the Crimes Act 1900 (NSW), which provides that grievous bodily harm includes ‘a grievous bodily disease’, be interpreted.