Zaburoni v. The Queen
Case No.
B69/2015
Case Information
Lower Court Judgment
15/04/2014 Supreme Court of Queensland (Court of Appeal) (Gotterson J, Morrison J, Applegarth J)
Catchwords
Criminal law – Criminal liability – Criminal Code 1899 (Qld) s 317 - Element of intent to cause a specific result – Where appellant is HIV positive – Where appellant commenced a relationship with complainant – Where appellant did not disclose HIV status – Where complainant was diagnosed with HIV after engaging in unprotected sex with appellant – Where appellant was found guilty of transmitting a serious disease with intent – Whether the element of intent to cause a specific result can be satisfied by establishing that an accused engaged in a course of conduct over a significant period time and was reckless as to the potential consequences of that conduct – Whether the element of intent can be inferred from an awareness of increased risk where conduct is engaged in frequently and over a period of time – Whether intent can be inferred from frequent conduct where the precise time at which the intent formed and the result occurred cannot be identified.
Documents
13/11/2015 Hearing (SLA, Sydney)
27/11/2015 Notice of appeal
10/12/2015 Written submissions (Appellant)
10/12/2015 Chronology (Appellant)
15/01/2016 Written submissions (Respondent)
22/01/2016 Reply
09/02/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
06/04/2016 Judgment (Judgment summary)