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Criminal intent : Comments
By Andrew McGee and Andrew Garwood-Gowers, published 11/3/2016This case concerns an appeal against conviction for transmitting a serious disease with intent under s 317(b) and (e) of the Queensland Criminal Code.
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There is simply no intent here (subject to other evidence not being allowed in court for whatever reason).
The accused was either totally irresponsible or afraid of being rejected by his partner if he told her the truth. Appalling behaviour but not equivalent to that of the intention to murder.
The fault may well be with the penalties for criminal negligence.
I like that law they have in New York state, depraved indifference, where presumably you get a good 20 years if found guilty of it.