Law 5110 Study Guide - Quiz Guide: Sexually Transmitted Infection, Mens Rea, Fisting
Document Summary
Dica 2004 confirmed that clarence was wrongly decided. Here d was convicted of two counts of biological gbh contrary to s20 oapa 1861, he was quashed but the court took the opportunity to overrule clarence. This does not just limit cuerrier, dica and konzani"s precedent to hiv but also any life- threatening sexually transmitted disease. B 2006 the defendant in dica would not be guilty of rape. Only guilty of inflicting gbh contrary to s20 oapa 1861 as she did not consent to the risk of contracting a potentially fatal disease. Limits to anyone"s right to consent to the infliction of harm upon themselves. Consensual killing is still murder (possibly m/s on the grounds of dr). V may consent to a high risk of injury, or even death, if justified by the purpose of d"s act. Ag ref no 6 of 1980 1981 two youths decided to settle an argument with a bare-knuckle fist fight.
