Have you been charged with Intentionally Causing a Very Serious Disease?
If the answer is yes, you will need to engage the services of a specialist criminal law firm.
This charge relates to the transmission of HIV to the alleged victim. It is an extremely serious offence which carries a maximum prison sentence of 25 years. There are several important considerations to be made before telling the Court how you intend to plead.
Does the prosecution have a case? Was it you who caused the victim to be infected? Did you do this knowingly? Was the victim aware of your HIV status? See below for further information on Intentionally Causing a Very Serious Disease.
The offence
Section 19A of the Crimes Act 1958.
The prosecution must prove:
The defendant caused the transmission of HIV to the alleged victim;
The defendant did so without lawful excuse;
The alleged victim did not consent to the transmission of HIV;
The defendant’s purpose was to transmit HIV.
The maximum penalty
Level 2 imprisonment being a maximum of 25 years.
Where will my case be heard?
Intentionally Causing a Very Serious Disease cases can only be heard in the County Court or Supreme Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence? ‘Informed consent’ is considered a defence to this charge. Speak to a specialist criminal lawyer before proceeding further.
What to do next?
Arrange a time to consult with a specialist criminal lawyer. As preparation is critical to the success of any matter, make sure that you give your lawyer as much time as possible to prepare your case.
If you have been charged with Intentionally Causing a Very Serious Disease CONTACT US and speak to one of our experienced lawyers today.
The legislation
Section 19A: Intentionally causing a very serious disease
(1) A person who, without lawful excuse, intentionally causes another person to be infected with a very serious disease is guilty of an indictable offence.
Penalty: Level 2 imprisonment (25 years maximum).
(2) In sub-section (1) “very serious disease” means HIV within the meaning of the Health Act 1958.
