Montserrat

Last updated on: 27 April 2012

Criminalisation of HIV transmission/exposure

Montserrat
Whether Specific law enacted: 
No
Number of people prosecuted: 
None known
Number of people convicted: 
None known
Applicable law: 

MontserratChapter 4.02. The Penal Code and Subsidiary Legislation Revised Edition showing the law as at 1 January 2002

MontserratChapter 14.01 Public Health Act and Subsidiary Legislation Revised Edition showing the law as at 1 January 2002.

Key wording in the law: 

MontserratChapter 4.02. The Penal Code and Subsidiary Legislation Revised Edition showing the law as at 1 January 2002

PART XII HOMICIDE AND OTHER OFFENCES AGAINST THE PERSON

164. Inflicting grievous bodily harm

184. Common assault

185. Assault causing actual bodily harm

187. Assaults specially punishable

188. Assault on female or child

Key Cases: 

None

Discussion: 

Inflicting grievous bodily harm

164. Any person who unlawfully and maliciously wounds or inflicts any grievous bodily harm upon any other person, either with or without any weapon or instrument shall be guilty of an offence and liable to imprisonment for five years.

Common assault

184. Any person who unlawfully assaults another is guilty of an offence and, if the assault is not committed in circumstances for which a greater punishment is provided by this or any other law, shall be liable on summary conviction to imprisonment for one year.

Assault causing actual bodily harm

185. Any person who commits an assault occasioning actual bodily harm is guilty of an offence and shall be liable to imprisonment for five years.

Assault on female or child

188. Any person who is guilty of an aggravated assault on any female, or on any male child whose age appears to the court not to exceed fourteen years, if the assault is not committed in circumstances for which a greater punishment is provided by this Code, shall be liable on summary conviction to a fine of $500 or to imprisonment for six months, or to both such fine and imprisonment.