Have You Been Charged with Intentionally Causing a Very Serious Disease?
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Aggravated Assault
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Wilful Damage
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Common Assault
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Public Display of a Nazi Symbol or the Nazi Salute
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Harassing a Witness
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Recklessly Causing Serious Injury In Circumstances Of Gross Violence
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Affray Charges In Victoria
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Intentionally Causing Serious Injury in Circumstances of Gross Violence
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Intentionally causing Serious Injury
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Recklessly Causing Serious Injury
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Intentionally Causing Injury
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Administering Certain Substances
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Threats to Kill and Assault Offences
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Stalking
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Negligently Causing Serious Injury
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Extortion With Threat to Kill
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Extortion, With Threats to Destroy and/or Endanger Property
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Threatening to Prevent Arrest
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Using a Firearm in the Commission of an Offence
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Being Armed with Criminal Intent
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Kidnapping
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Robbery
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Armed Robbery
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Home Invasion
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Aggravated Home Invasion
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Arson
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Criminal Damage
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False Imprisonment
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Public Nuisance
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Riot
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Rout Offence
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Unlawful Assembly
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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.
Testimonials
What people Say
St Kilda, Victoria 3182
1800 130 120
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Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about gett... Read MoreMichael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about getting the best result possible, and his preparation and courtroom presence reflected that commitment. Michael’s professional demeanour and respectful conduct, both with me and within the court, gave me the utmost confidence I was in the right hands. He clearly explained the process, kept me informed, and made me feel confident throughout. The outcome was far better than I expected, thanks to his expertise and strategic approach. I’m truly grateful for his support and wouldn’t hesitate to recommend him. Read Less55/5
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I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, kno... Read MoreI cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, knowledgeable, and thorough in every aspect of the process. He took the time to explain everything clearly, which gave me great comfort and confidence throughout what could have been a very stressful time. Michael’s expertise and guidance reassured me that I was in the best hands, and his calm and confident approach made a huge difference to my peace of mind. He was always approachable, responsive, and dedicated to achieving the best possible outcome for me. I would highly recommend Michael Sunderland to anyone seeking a lawyer who is not only exceptionally skilled but also genuinely cares about his clients. Read Less55/5
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I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first m... Read MoreI would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first meeting, she was calm, respectful, and clear about what I could expect. She never judged me, always listened carefully, and explained every step of the legal process in a way that made me feel supported and confident. Ashleigh handled my case involving a traffic offence with care and honesty. She gave me solid advice, helped me prepare all the right documents, and even guided me on how to speak respectfully in court. Because of her help, I was able to present myself properly before the judge and achieve a much better outcome than I expected. What really stood out to me was her genuine concern for my future. She didn’t treat me like “just another case.” Ashleigh is not only a skilled lawyer — she is also a kind person who truly cares about her clients. I highly recommend Ashleigh to anyone in need of legal help. She is trustworthy, professional, and goes above and beyond for her clients. Thank you again for everything. Read Less55/5
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I would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. ... Read MoreI would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. Michael was well prepared, taking onboard all the information, with communication all the way. He clearly explains all the outcomes and was by my side every step of the way. A genuine caring lawyer that has your best interest. Read Less55/5
-
Aggravated Assault
-
Wilful Damage
-
Common Assault
-
Public Display of a Nazi Symbol or the Nazi Salute
-
Harassing a Witness
-
Recklessly Causing Serious Injury In Circumstances Of Gross Violence
-
Affray Charges In Victoria
-
Intentionally Causing Serious Injury in Circumstances of Gross Violence
-
Intentionally causing Serious Injury
-
Recklessly Causing Serious Injury
-
Intentionally Causing Injury
-
Administering Certain Substances
-
Threats to Kill and Assault Offences
-
Stalking
-
Negligently Causing Serious Injury
-
Extortion With Threat to Kill
-
Extortion, With Threats to Destroy and/or Endanger Property
-
Threatening to Prevent Arrest
-
Using a Firearm in the Commission of an Offence
-
Being Armed with Criminal Intent
-
Kidnapping
-
Robbery
-
Armed Robbery
-
Home Invasion
-
Aggravated Home Invasion
-
Arson
-
Criminal Damage
-
False Imprisonment
-
Public Nuisance
-
Riot
-
Rout Offence
-
Unlawful Assembly
-
Intentionally Causing a Very Serious Disease
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.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au