The word 'unlawfully' in s 297 of the Criminal Code (WA) means 'contrary to law and not excused' in its ordinary meaning, and the question of unlawfulness must be left to the jury. Destruction of immune system cells by HIV infection is capable of constituting 'bodily injury' and, where the evidence supports a finding that such injury is likely to cause permanent injury to health, it is open to the jury to find grievous bodily harm. The applicability of s 266 (duty of persons in charge of dangerous things) to HIV-infected bodily fluids remains unresolved, with the majority considering it 'strongly arguable' but Murray J rejecting it.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
1 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.