Konzani, R v [2005] EWCA Crim 706 (17 March 2005)

Konzani, R v [2005] EWCA Crim 706 (17 March 2005)

Where a defendant who knows he is HIV positive conceals this fact from sexual partners, their consent to intercourse is not informed consent to the risk of HIV infection; thus, such consent does not provide a defence to a charge of inflicting grievous bodily harm under s 20 of the Offences Against the Person Act 1861.

Citation
[2005] EWCA Crim 706
Parties
Prosecution: R; Appellant/defendant: Feston Konzani
Jurisdiction
England and Wales
Judgment Date
17 March 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Consent, Reckless Transmission of HIV, Grievous Bodily Harm, Mens Rea, Informed Consent
Criminal Law Consent Reckless Transmission of HIV Grievous Bodily Harm Mens Rea Informed Consent

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Parties

R

Prosecution

Feston Konzani

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the complainants gave informed and willing consent to the risk of contracting HIV from the appellant
  2. 2 Whether the appellant's honest belief in consent could provide a defence
  3. 3 Whether the trial judge's directions on consent and mens rea were legally accurate

Ratio Decidendi

Where a defendant who knows he is HIV positive conceals this fact from sexual partners, their consent to intercourse is not informed consent to the risk of HIV infection; thus, such consent does not provide a defence to a charge of inflicting grievous bodily harm under s 20 of the Offences Against the Person Act 1861.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld
  • Sentences affirmed