n South African Journal of Criminal Justice - General principles and specific offences : recent cases

Volume 26, Issue 3
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



In 2013 (2) SACR 99 (T) the accused, who had engaged in non-consensual sexual intercourse with a woman while knowing that he was HIV-positive, was convicted in the regional court of rape and attempted murder. The matter was referred to the High Court for sentencing. The High Court took into account the question whether the conviction of the accused for attempted murder was in accordance with current South African law. Jordaan AJ began his judgment by noting that Aids is a disease of astronomical proportions and that the mortality rate of people suffering from this disease is extremely high.

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