{"id":220,"date":"2005-07-29T09:14:32","date_gmt":"2005-07-29T09:14:32","guid":{"rendered":""},"modified":"2005-07-29T09:14:32","modified_gmt":"2005-07-29T09:14:32","slug":"biological-gbh-nears-a-conclusion","status":"publish","type":"post","link":"https:\/\/www.sixthform.info\/lawblog\/?p=220","title":{"rendered":"Biological GBH nears a conclusion&#8230;"},"content":{"rendered":"<p><strong>R v Dica [2005] (CA) <br \/>[Appeal\u2014Leave refused \u2013 point of general public importance certified &#8211; biological GBH]<\/strong> <br \/>D infected V with HIV during unprotected, consensual, sex and was convicted of &#8220;biological GBH&#8221; (s 20 of the <strong>Offences Against the Person Act 1861<\/strong>). The issue of consent lead to a successful appeal a retrial was order and he was again convicted by the jury. <\/p>\n<p><strong>Held<\/strong>: Leave to appeal to the House of Lords refused but certified that a point of law of general pubic importance was involved in the decision. <\/p>\n<p><strong>Guilty<\/strong><br \/> <strong>Comment<\/strong>: The leading cases of consent to serious injury (<strong><u><em>R v Dica<\/em> [2004] CA<\/u><\/strong>; <strong><u><em>R v Barnes<\/em> [2004] CA<\/u><\/strong> and <strong><u><em>R v Konzani<\/em> [2005] CA)<\/u><\/strong> are not at ease with each other, and because leave was refused on a procedural ground it is quite likely that this will go to the House of Lords. <\/p>\n","protected":false},"excerpt":{"rendered":"<p>R v Dica [2005] (CA) [Appeal\u2014Leave refused \u2013 point of general public importance certified &#8211; biological GBH] D infected V with HIV during unprotected, consensual, sex and was convicted of &#8220;biological GBH&#8221; (s 20 of the Offences Against the Person Act 1861). The issue of consent lead to a successful appeal a retrial was order [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-220","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/220","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=220"}],"version-history":[{"count":0,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/220\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=220"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=220"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=220"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}