Intentionally Causing a Serious Disease

by Doogue & O'Brien Criminal Defence Lawyers

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)


http://www.criminal-lawyers.com.au/about-us/melbourne-criminal-lawyers

 

This article was written on July 30, 2012 and relates to the law as it stands at this time.



Findlaw

We welcome your feedback

Hi there! We want to make this site as good as it can for you, the user. Please tell us what you would like to do differently and we will do our best to accommodate!

   
Protected by FormShield


 
 
We've updated our Privacy Statement, before you continue. please read our new Privacy Statement and familiarise yourself with the terms.