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Anyone here know criminal law?

Discussion in 'Legal Issues' started by fullylucky, 13th Feb, 2016.

  1. fullylucky

    fullylucky Well-Known Member

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    Anyone here know criminal law?

    I have a quick questions.

    Q1. If person A knowingly they are HIV +, have unprotected sex with person B without telling them their condition is it a criminal offense? If so what degree is it?

    Q2. If person A knowingly they are HIV +, have protected sex with person B without telling them their condition is it a criminal offense? If so what degree is it?

    Q3. If person A unknowingly they are HIV +, have unprotected sex with person B is it a criminal offense?

    Q4. If person A knowingly they are HIV +, have unprotected sex with person B but tells person B before they do it is it a criminal offense?
     
  2. Tony Fleming

    Tony Fleming Well-Known Member Business Member

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    #charliesheen
     
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  3. BigKahuna

    BigKahuna Well-Known Member

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  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Q5. If a person was HIV positive, told their partner, used protection & the partner told them to #$/@ off!

    Would that be the third degree?
     
  5. DaveM

    DaveM Adelaide Buyers Agent & KFC Strategist Business Member

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    Put it in a spreadsheet is the first step
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    This is @fullylucky, it has to be serious.
     
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  7. fullylucky

    fullylucky Well-Known Member

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    This is all i know about HIV and aids.

    I have a lot of questions can you please be patient and help me understand some of the important questions. Not a joke thread.
     
  8. fullylucky

    fullylucky Well-Known Member

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    The website you linked me says.

    "They have a right to keep their HIV status private."

    What if they work in a job where the have a good chance to infect others through blood contamination?
     
  9. D.T.

    D.T. Adelaide Property Manager Business Member

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    Most of those kind of jobs would require a medical before beginning employment, eg doctor, pathologist, etc
     
  10. fullylucky

    fullylucky Well-Known Member

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  11. fullylucky

    fullylucky Well-Known Member

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    What if they are in meat processing or food processing e.g. prepare your lunch?

    or in your kid's school preparing their lunch?
     
  12. York

    York Finance Broker Business Member

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    Have you come across someone in your workplace who you believe is HIV+?
     
  13. fullylucky

    fullylucky Well-Known Member

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    No.
     
  14. BigKahuna

    BigKahuna Well-Known Member

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    I suggest you use a dental dam.
     
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  15. York

    York Finance Broker Business Member

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    Public Health Act:
    • An HIV positive person must not“recklessly” transmit HIV. This is a different requirement than under the Criminal Code where “intent” must be established. However, if criminal intent is established the case may be prosecuted under the Queensland Criminal Code;
    • Given that a person must not “recklessly” transmit HIV, it means that a person does not have to disclose their HIV status as long as they practice safe sex; and
    • Condoms and water-based lubricant during sex would be considered safe prevention strategies as their effectiveness is founded in evidenced based prevention.
     
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  16. alexm

    alexm Well-Known Member

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    Original Poster, you need to talk to a criminal lawyer not post up on a property investment forum.
     
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  17. York

    York Finance Broker Business Member

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    Queensland Criminal Code:

    The Law

    Section 317(b) states: “Any person who, with intent to do some grievous bodily harm or transmit a serious disease to any person; is guilty of a crime, and is liable to imprisonment for life.”

    Section 320 states : “any person who unlawfully does grievous bodily harm to another is guilty of a crime, and is liable to imprisonment for 14 years”.
     
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  18. fullylucky

    fullylucky Well-Known Member

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    if person B gives birth what are the baby is HIV
    What if person A is not reckless but didn't practice safe sex?
     
  19. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    A criminal lawyer is not who you need, just google.

    Unless you believe that a person with HIV has had sex with you and not told you. Then go tell the police.

    Being in a food processing job/canteen etc is perfectly safe. People with HIV are generally extremely careful and the chances of them sharing their infected blood into your bloodstream in any of those circumstances is rare.
     
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  20. fullylucky

    fullylucky Well-Known Member

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    Thanks. So 317 says they are liable to be imprisoned for life? as in life sentence? but liable means not 100% guaranteed?

    and 320 says 14 years...?