Full Court Minute Books

Case S274/2016

Aubrey v. The Queen

Case No.


Case Information

Lower Court Judgment

18/12/2015 Supreme Court of New South Wales (Court of Criminal Appeal) (Gleeson JA, Button J, Fagan J)

[2015] NSWCCA 323


Criminal law – Statutory construction – Crimes Act 1900(NSW) – Where it was alleged by prosecution that appellant transmitted HIV to complainant by consensual intercourse – Where appellant was convicted of maliciously inflicted grievous bodily harm, contrary to s 35(1)(b) of Crimes Act 1990 (NSW) – Where jury acquitted appellant on principle count of maliciously causing the complainant to contract a grievous bodily disease with intent to cause that result, contrary to s 36 of Crimes Act 1900Whether “intent” requires the application of force.

Short particulars


16/11/2016 Hearing (SLA, Sydney)

30/11/2016 Notice of appeal

21/12/2016 Written submissions (Appellant)

21/12/2016 Chronology (Appellant)

20/01/2017 Written submissions (Respondent)

25/01/2016 Amended notice of appeal

30/01/2017 Reply

03/02/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

10/05/2017 Judgment (Judgment summary)