Golding, R v

Golding, R v

The appellant's guilty plea to Section 20 was informed and voluntary, supported by sufficient medical and factual evidence that he recklessly infected the complainant with genital herpes amounting to grievous bodily harm; fresh evidence reinforced the Crown's case and did not undermine any constituent element of the...

Source-derived case information.

Parties
Prosecution: Regina; Appellant: David Golding
Jurisdiction
England and Wales
Judgment Date
08 May 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed.
Legal Topics
Reckless Transmission of Infection, Grievous Bodily Harm, Informed Guilty Plea, CPS Guidance, Fresh Evidence
Criminal Law Reckless Transmission of Infection Grievous Bodily Harm Informed Guilty Plea CPS Guidance Fresh Evidence

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

David Golding

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the guilty plea to Section 20 Offences Against the Person Act 1861 was informed and voluntary
  2. 2 Whether genital herpes amounts to grievous bodily harm under Section 20
  3. 3 Whether there was sufficient evidence that the appellant recklessly infected the complainant

Ratio Decidendi

The appellant's guilty plea to Section 20 was informed and voluntary, supported by sufficient medical and factual evidence that he recklessly infected the complainant with genital herpes amounting to grievous bodily harm; fresh evidence reinforced the Crown's case and did not undermine any constituent element of the offence.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed.

Orders

  • Conviction upheld; sentence reduced from 14 months to 3 months imprisonment, already served.