Have You Been Charged with Intentionally Causing a Very Serious Disease?

What is Meant by Intentionally Causing a Serious Disease?

Intentionally causing a serious disease is defined under section 19A of the Crimes Act 1958 (“CA”) as an indictable offence. It involves a person who, without lawful excuse, intentionally causes another person to be infected with a very serious disease.

This offence has since been repealed.

Definition of the Offence:

• Serious Disease: The disease specified is HIV (as defined in section 19A(2) of the Crimes Act and the Health Act 1958).
• Intent: The offender must act without lawful justification or excuse and must intend to transmit the serious disease to the victim.
• Consent: The victim must not have consented to the transmission of the disease.

Police Interview:

If you are alleged to have intentionally caused a serious disease, you may be asked to attend a formal police interview. This interview is recorded for evidence and to determine whether to formally charge you.

Key Points Before the Interview

• Legal Advice: You are given the option to contact a lawyer for legal advice and support before the interview.
• Preparation: Legal counsel can help you understand your rights and obligations during the interview, including:
  • What to expect during the interview.
  • What information you are not obligated to provide.
  • Whether you should answer all questions.
  • Your rights regarding DNA samples and potential repercussions for refusing to comply with police requests.
• Defence Strategy: Lawyers can prepare you for answering questions, ensuring that your defence is not compromised.

Questions to Consider Before Pleading Guilty or Not Guilty

To assess your chances of success in defending against the charge, consider the following points:

• Does the prosecution have a strong case against me?
• Should I plead guilty or not guilty?
• Was a co-accused charged?
• What options exist to minimise my penalty?
• Do I have a lawful reason for my actions?
• Should we subpoena relevant materials from the opposing party?

What must the prosecution prove?

To determine whether you have been charged with intentionally causing a serious disease, the prosecution must establish beyond a reasonable doubt:

• You intentionally (knowingly) caused another person to be infected with HIV.
• You acted without lawful justification or excuse.
• You intended to transmit HIV to the victim.
• The victim did not consent to the transmission.
  • Was the victim aware of your HIV status?

If the prosecution cannot prove all elements of the offence beyond reasonable doubt, you are not guilty.

Where Will My Matter be Heard?

Charges for intentionally causing a serious disease are serious (indictable) offences, and jurisdiction falls to the County or Supreme Courts of Victoria.

Factors and defences to consider:

If you plead not guilty, possible defences may include:

• Did the victim consent to the infection.
• Did the offence occur in circumstances requiring self-defence.
  • Was there duress or necessity?
  • Was the response proportionate?
• Do you have an alibi or evidence (phone/bank records) indicating you were elsewhere at the time?
• Are there disputes about the facts, including misidentification by witnesses.

Penalties for intentionally causing a very serious disease:

If found guilty of intentionally causing a serious disease, possible penalties include:

• Term of Imprisonment: A level 2 offence with a maximum sentence of 25 years (s 320 CA).
• Diversion: Conviction or non-conviction, likely for first-time offenders or those with mental illness.
• Good Behaviour Bond: A promise to the Court to maintain good conduct.
• Financial Fine: Conviction or non-conviction.
• Community Corrections Order: Conviction or non-conviction.
• Youth Justice Centre Order: For offenders under a certain age.

Considerations When Sentencing:

When determining an appropriate penalty, courts consider various factors, including:

• Nature and gravity of the offending conduct.
• The defendant’s role in the offence.
• Facts surrounding the offence, including personal matters and criminal history.
• Presence of mandatory sentences.
• Level of planning and method used.
• Duration of the offence.
• Involvement of weapons or instruments.
• Type of disease caused and its nature.
• Location of the offence.
• Impact on the victim, both short- and long-term.

What happens next?

If you have been charged with Intentionally Causing a Very Serious Disease, it is crucial to seek professional legal advice as soon as possible. Arrange a consultation with a specialist criminal lawyer from MK Law to discuss your case. Proper preparation is key to achieving the best outcome, so ensure you give your lawyer sufficient time to review and prepare your defence.

CONTACT US on 1800 130 120 to speak to one of our experienced lawyers today and get the guidance you need to navigate this serious charge.