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Aids by Richard Haigh PDF

By Richard Haigh

ISBN-10: 0203992644

ISBN-13: 9780203992647

ISBN-10: 0415096995

ISBN-13: 9780415096997

ISBN-10: 0415115116

ISBN-13: 9780415115117

Completely revised and up-to-date version of the 1st consultant to the criminal features of AIDS. Written by way of skilled lawyers for The Terrence Higgins belief. Covers assurance, housing employment, young children, immigration, legal legislations.

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Example text

Kirby [1979] 1 CrAppR(S) 214). This latter point may be of significance to an HIV- AIDS: A Guide to the law 26 infected defendant at risk of imprisonment as such a person is likely to be segregated if their health status is known to the prison authorities. In very general terms the courts will not take into account the possible adverse effects on immediate family if a defendant receives a custodial sentence (R. v. Ingham, Court of Appeal, 3 October 1974). This would appear to cause difficulties with mitigation for a defendant who is the partner or carer of a person with HIV infection or disease.

Targeting safer sex information is, again, therefore advisable. The ‘significant proportion’ test does not, however, require the prosecution to prove that a majority, or substantial number of readers or viewers, would be adversely affected. Thirdly, the article in question must be viewed as a whole. Any isolated items of an apparently offensive nature must be viewed in their context. This may be of significance if safer sex material uses an explicit sexual image to attract the interest of its intended recipient, but otherwise contains text.

There are also certain concepts within the Act which may be of assistance. First, it is arguable that careful targeting of a specified audience (for example, only distributing safer sex material for gay men at gay venues) will lessen the risk of prosecution since the Act requires the corruption of persons who are ‘likely to’, as opposed to ‘conceivably might’, see the article. Consequently, it might be argued that if the target audience has regularly experienced such imagery then there is no risk of corruption.

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Aids by Richard Haigh

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