Under s 317(b) of the Criminal Code 1899 (Qld), 'intent to transmit a serious disease' means purpose or design to bring about transmission; it is not necessary for the Crown to prove the accused knew transmission was 'probable' or 'likely' (the R v Crabbe formulation for common law murder). The ordinary meaning of 'intent' applies without elaboration. A sentence of 10 years and 6 months for intentional transmission of HIV was held to be at the lower end of the sentencing range, and the level of criminality for intentional transmission of a fatal disease significantly exceeds that for grievous bodily harm with intent.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
1 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.