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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Golding, R v [2014] EWCA Crim 889 (08 May 2014) URL: https://www.bailii.org/ew/cases/EWCA/Crim/2014/889.html Cite as: [2014] EWCA Crim 889 |
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ON APPEAL FROM Northampton Crown Court
HHJ Fowler
T20100442
Strand, London, WC2A 2LL |
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B e f o r
e :
MR JUSTICE BEAN
and
HIS HONOUR JUDGE LAKIN
____________________
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- and - |
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David ![]() |
____________________
Registrar
of Criminal Appeals) for the Appellant
Iain Wicks (who did not appear below) (instructed by Crown Prosecution Service Headquarters) for the Respondent
Hearing date: 18th March 2014
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
Lord Justice Treacy:
Introduction
"(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 transmittedvirus
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 Ireally
wanted our
relationship
to continue and was frightened that she would not have continued with that
relationship.
(4) I accept that we had sexual intercourse during ourrelationship
and as a
result
she caught herpes from me.
(5) I did not intend her to catch thevirus
from me but I accept that I behaved
recklessly
and as a
result
have assaulted her occasioning her actual bodily harm."
Fresh Evidence
Medical Evidence
The Appellant's Evidence
The Evidence of CS
The Appellant's Trial Advocate
Our Assessment of the Fresh Evidence
CPS Guidance
"Prosecutors should never proceed to trial in a case involving an allegation contrary to Section 20 unless there is scientific and/or medical and factual evidence which proves the contention that the defendantrecklessly
and actually transmitted the infection to the complainant. The mere fact that the suspect says that he did or she did and that he did or she did so
recklessly
is not sufficient, on its own, to meet the evidential stage of the Code test. There has to be other factual evidence to demonstrate that the suspect's account is at least compatible with the other evidence available."
The Evidence at Plea
Failings by the Solicitor
An Effective Guilty Plea?
The Effect of the Fresh Evidence
Inflicting
Grievous Bodily Harm
"…fully aware he had the disease and that he should have been open and honest with thevictim.
However, he strenuously denied the
victim's
accusation that he had transmitted the disease in a bid to ensure that she would not attract other partners. He maintained that he had been in fear of the
relationship
ending at the time and
recognised
that his behaviour was unacceptable."
Conclusion
Sentence