Golding, R v
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE TREACY
- MR JUSTICE BEAN
- HIS HONOUR JUDGE LAKIN
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The appellant appealed his conviction of inflicting grievous bodily harm by transmitting HSV-2 after failing to disclose his infection status. The court evaluated the informed nature of his guilty plea, the sufficiency of the medical evidence, and the adherence to CPS guidelines. The appeal was dismissed, but the appellant's sentence was reduced from 14 to 3 months due to significant delays and his conduct during bail.
Judgment
Lord Justice Treacy:
Introduction
This is an application referred to the Full Court by the Registrar for an extension of time and for leave to appeal against conviction and sentence. We grant these applications and deal with this matter as an appeal.
On 18 th July 2011 in the Crown Court at Northampton the appellant pleaded guilty on re-arraignment to inflicting grievous bodily harm contrary to Section 20 of the Offences Against the Person Act 1861. On 9 th August 2011, at the same court, he was sentenced to 14 months imprisonment.
The essential facts show that this appellant, a man of previous good character, met the complainant, CS, in July 2009. The relationship developed into a sexual one. By September 2009 the complainant had become ill. She was quickly diagnosed with Genital Herpes Simplex caused by virus type 2 (HSV-2). She suffered recurrences and returned to her doctor on 7 th October and 19 th November 2009.
On being diagnosed CS confronted the appellant. He initially denied responsibility for infecting her and the relationship continued. However, he subsequently admitted that he had caught the herpes virus from a previous partner. His GP records, which reported recurring genital herpes, revealed that he was first referred to a clinic in June 2007, and again in April 2008. After the complainant was infected, he returned to the clinic again with an outbreak in November 2009.
When interviewed by the police, the appellant admitted that he had given the complainant herpes, and that he should have told her about his condition. He said he was deeply ashamed.
The Crown’s case was that the appellant recklessly caused the complainant to become infected in circumstances where he was aware that he was infected with HSV, and where she had not consented to the risk of becoming infected through intercourse.
At the time of pleading guilty the appellant put forward a basis of plea in these terms:
“(1) In the summer of 2009 I met and formed an attachment to the complainant in this case [CS].
(2) I had previously suffered from herpes and am aware that this is a sexually transmitted virus which once caught never leaves the carrier, and can be transmitted from the carrier to others by a number of means including sexual intercourse.
(3) I did not tell [CS] that I had been diagnosed with herpes. I did not tell her because I really wanted our relationship to continue and was frightened that she would not have continued with that relationship.