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Legal Responses to HIV and AIDS, by Chalmers James. Oxford: Hart Publishing, 2008, xx + 166 + (index) 8pp (£30 paperback). ISBN 978-1-84113-726-1.

Published online by Cambridge University Press:  02 January 2018

James Roebuck
James Roebuck*
Affiliation:
Aston Law, Aston University
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Type
Book Review
Information
Legal Studies , Volume 30 , Issue 2 , June 2010 , pp. 334 - 337
Copyright
Copyright © Society of Legal Scholars 2010

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References

87. [2006] EWCA Crim 2945, [2007] 1 WLR 1567. This was the first prosecution for rape on the basis that a failure by the defendant to disclose his HIV+ status vitiated the complainant's consent. EB was convicted, but his conviction was subsequently quashed upon appeal.

88. [2004] EWCA Crim 1103, [2004] QB 1257, per Judge LJ at [2].

89. The 1995 Act as amended by the Disability Discrimination Act 2005, s 18, includes HIV infection as one of the potential grounds upon which discrimination is prohibited in circumstances to which the statute applies.

90. Legal Responses to HIV and AIDS p 13.

91. (1877) LR 2 QBD 410.

92. The retention of organs from over 30 children who underwent post-mortem examinations at Alder Hey Children's Hospital in Liverpool, without parental consent. See the website available at http://news.bbc.co.uk/1/hi/wales/1983244.stm.

93. Legal Responses to HIV and AIDS p 19.

94. Article 12 guarantees the right to marry according to national law.

95. Such a proposal was mooted by the Scottish Police Federation in 2002 and adopted by the Scottish Executive in a 2005 consultation paper, ‘Blood testing following criminal incidents where there is a risk of infection: proposals for legislation’. See Legal Responses to HIV and AIDS pp 40–46.

96. Expert Advisory Group on AIDS (n 167) 12, cited in Legal Responses to HIV and AIDS p 43.

97. Legal Responses to HIV and AIDS p 46.

98. Ibid, p 47.

99. (1889) LR 22 QBD 23.

100. The Court of Appeal held that the reckless transmission of HIV is capable of amounting to the offence of unlawfully and maliciously inflicting grievous bodily harm, contrary to s 20 of the Offences Against the Person Act 1861.

101. [2005] EWCA Crim 706, [2005] 2 Cr App R 14.

102. [2006] EWCA Crim 2945, [2007] 1 WLR 1567.

103. See, eg, R v Elbekkay[1995] Crim LR 163.

104. See, eg, R v Flattery (1877) LR 2 QBD 410, R v Williams[1923] 1 KB 340 and R v Tabassum (Naveed)[2000] 2 Cr App Rep 328.

105. Legal Responses to HIV and AIDS, p 139.