R v Clarence (1888)

Facts

  • The defendant had sexual intercourse with his wife knowing that he had Gonorrhoea

Issue

  • Did the wife consent to the intercourse?

Decision

  • Yes

Reasoning

  • The Gonorrhoea was only an attribute to the sexual act, and so did not constitute a negation of consent to the act
  • The infliction of Gonorrhoea may constitute a separate offence
RELATED CASE  A-G Reference (No. 77 of 2010) [2011]

Posted in Criminal Law Revision Notes.

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