Full Court Minute Books

Case B69/2015

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)

[2014] QCA 77

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.

Short particulars

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)