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Old 12-10-2004, 02:37 AM   #7 (permalink)
persephone
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Re: Intentional spreading of AIDS

The conclusion to the above story, GBH isn't much but at least it sets a president so you'd hope it will continue, and notice there is a genetic test that can show that at least the virus is the same strain, without having the medical evidence myself, I would guess gives a high chance that it came from the same person.

R v MOHAMMED DICA
3 November 2003
Mohammed Dica was today sentenced at Inner London Crown Court as the first person in 137 years to have been convicted of deliberately transmitting a disease.

At the trial last month, the court heard that Dica, 38, a married father of three, knowingly infected two lovers with the HIV virus.

Crown Prosecutor, René Barclay, head of CPS London’s Serious Casework Sector, said: “This was a ground-breaking prosecution, which was the result of a massive team effort. The implications are that in the future people who are reckless in this way will be vigorously prosecuted.”

The defendant from Mitcham, South London, denied the offences, which took place between 1997 and 2000. He told police both women had known about his condition. The jury took three hours and 45 minutes to find him guilty of what the prosecution termed ‘biological grievous bodily harm’.

Dica was charged with two counts of causing grievous bodily harm under the Offences Against the person Act. Crown Prosecutor Michael Jennings, who reviewed the case, said: “The prosecution was based on what happened to Mohammed Dica’s victims as a result of his actions.”

The decision to prosecute followed legal research by CPS London into the case, which suggested that while it was not an offence as such to infect someone with HIV or other viruses and diseases, existing legislation might be sufficient to bring a prosecution on the facts of this case. The prosecution initially went ahead on the strength of the two victims’ evidence and their personal backgrounds. Both had been involved in long-term relationships with partners who did not have HIV. But what proved crucial to obtaining a conviction was the medical and scientific evidence.

The key to linking Dica with his victims lay in finding a virologist, an expert in the study of viruses. The prosecution scoured Britain before they located Professor Peter Simmonds at Edinburgh University who agreed to run the tests.

Two lots of blood samples had to be transported to Edinburgh within 24 hours of being taken from the defendant and victims’ bodies on the same day. A specialist courier company, accompanied by police officers, had to be employed.

Two different types of tests, involving gene sequencing and genetic finger printing, took ten weeks to complete. The first test was done manually and to ensure it was correct, it was re-done a thousand times on a computer - a process known as “bootstrapping”. The tests proved that all three shared the same strain, sub-type A, a sub-Saharan strain.

Story from Crown Prosecution Service
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