Informed consent and the transmission of sexual disease: Dadson Revivified

Cooper, S and Reed, A 2007, 'Informed consent and the transmission of sexual disease: Dadson Revivified' , Journal of Criminal Law, 71 (5) , pp. 461-474.

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Abstract

This article examines the impact of the decisions in R v Dica (2004) and R v Konzani (2005) on the extent of the defence of consent. As well as analysing the impact of the decisions on the extent of the defence where a defendant faces criminal liability for the transmission of sexual disease, it also considers and examines the wider issue of whether the presence or absence of consent forms part of the actus reus of the relevant assault offence or whether it is a separate and independent element that stands outside of the conduct component of the offence. It is argued that recent developments have given insufficient consideration to accepted doctrine and revived much criticised principles by focusing on unknown circumstances of justification rather than the defendant's state of knowledge and mind.

Item Type:	Article
Themes:	Subjects / Themes > K Law > KD Law of the United Kingdom and Ireland > KD0051 England and Wales Subjects / Themes > K Law > K Law (General) Subjects outside of the University Themes
Schools:	Schools > Salford Business School > Salford Business School Research Centre
Journal or Publication Title:	Journal of Criminal Law
Publisher:	Vathek Publishing
Refereed:	Yes
ISSN:	00220183
Depositing User:	S Cooper
Date Deposited:	13 Feb 2009 10:31
Last Modified:	16 Feb 2022 08:09
URI:	https://usir.salford.ac.uk/id/eprint/1738

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