How serious is Intentionally Causing a Serious Disease? What’s the maximum penalty and which Melbourne Court hears this charge?
The offence of Intentionally Causing a Serious Disease is a very serious criminal charge and typically carries a gaol term upon finding of guilt. It is an indictable offence and is generally heard in the County Court. There is a maximum penalty of 25-year imprisonment for any defendant proven guilty in Court of Intentionally Causing a Serious Disease.
The legislation on Intentionally Causing a Serious Disease
Section 19A of Crimes Act 1958 is the exact law for Intentionally Causing a Serious Disease. It states:
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 subsection (1), very serious disease means HIV within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008.
Pleading guilty or not guilty to Intentionally Causing a Serious Disease in a Melbourne Court
Making a decision on whether to plead guilty or not guilty to an Intentionally Causing a Serious Disease charge is a very serious consideration that must be done under the guidance of a criminal defence solicitor. If you are found guilty in Court, you may have to face severe consequences.
Elements of the charge of an Intentionally Causing a Serious Disease
Prosecution must be able to prove that the accused intentionally caused another person to be infected with a serious disease unlawfully. This often involves Hepatitis or HIV cases wherein the accused infects another person.
Defending the charge of Intentionally Causing a Serious Disease in a Melbourne Court
Defending the charge of Intentionally Causing a Serious Disease may involve factual disputes. Issues might be raised on whether the accused really had knowledge of the serious disease, as in a case between sexual partners. Lack of Intent and duress may also be considered by defence lawyers and especially issues pertaining to medical treatment.
For more information on Intentionally Causing a Serious Disease, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on July 30, 2012 and relates to the law as it stands at this time.