R v Mwai - [1995] 3 NZLR 149

Criminal law — Offences — Causing grievous bodily harm with reckless disregard for the safety of anyone — Whether grievous bodily harm includes infection with the HIV virus — Whether grievous bodily harm includes psychological harm — Whether exercise of control over the bodily fluid containing the virus made the accused the substantial cause of the infection — Crimes Act 1961, s 188(2).

Criminal law — Offences — Criminal nuisance by omission to discharge a legal duty knowing that omission would endanger the health of any individual — Whether control over bodily fluid which contained the HIV virus was sufficient to give rise to a duty of care either under statute or common law — Whether "anything whatever" encompasses this fluid in terms of the duty of persons in charge of dangerous things — Crimes Act 1961, ss 145 and 156.

Criminal law — Sentence — Whether eligibility for parole is to be taken into account in determining sentence — Whether in a proper case parole eligibility may be considered in order to ensure a just sentence — Overall view of the facts taken here and sentence of seven years' imprisonment upheld.