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QLD Youth Worker Caught Cold from Young Person - Assault?

Discussion in 'Criminal Law Forum' started by Beverley Williams, 4 February 2016.

  1. Beverley Williams

    4 February 2016
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    A youth worker had a young person throwing and rubbing their nose mucus on them. Then they ended up sick with a cold. Does this constitute as assault, considering it's a bodily fluid?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Technically it could, however I am unaware of any authorities on the issue. The definition of criminal assault is extremely broad and includes applying any force including simply touching another person, or applying any substance in such a degree so as to cause injury or personal discomfort. There are for example the pin prick attack cases (which may be analogous) where people jab victim with HIV infected syringe, and I believe its even considered assault in cases where the person is made to believe the syringe is infected with HIV when in fact it is not. However stabbing with a syringe is admittedly much more violent than wiping with bodily fluid.
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