Nauru

Last reviewed 01 June 2017

Specific laws

Specific law enacted No

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: Yes

Prosecutions

Number of prosecutions 0

Convictions

Number of convictions 0

Laws

Applicable laws

Criminal Code (Qld, Australia).

Applicable key wording

grievous bodily harm; wounding and similar acts; assaults occasioning bodily harm

Discussion

Criminal Code 1899 (s 317) Acts intended to cause grievous bodily harm and other malicious acts - Any person who, with intent to do grievous bodily harm or transmit a serious disease to another is guilty of a crime and is liable to imprisonment for life.

Criminal Code 1899 (s 320) Grievous bodily harm - Any person who unlawfully does grievous bodily harm to another is guilty of a crime and is liable to imprisonment for a term of up to fourteen years.

Criminal Code 1899 (s 323) Wounding and similar acts - Any person who unlawfully wounds another is guilty of a misdemeanour and liable to imprisonment for a term of up to seven years.

Criminal Code 1899 (s 339) Assaults occasioning bodily harm - Any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime, and is liable to imprisonment for a term of up to seven years.

The assault offences under the Criminal Code are sufficient to provide for prosecution of an offence of wilful transmission of HIV.

There have been no prosecutions or convictions for the transmission of HIV occuring under this law so the application of the law to alleged HIV transmission is, at present, merely theoretical.

Further reading

Colvin E (2002). Criminal responsibility under the South Pacific codes:
 
http://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1017&context=law_pubs

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017