Abstract
This article considers the position regarding the criminal transmission of HIV in English and Canadian law. It considers the use of condoms, viral loads and types of sexual activity and whether they can be used as defences in such cases. The article will look at the current position in England and also focus on recent decisions that have originated from the Canadian courts. It is argued that the recent Canadian Supreme Court judgment of R v Mabior is not in the public's interest and that the position should be that of the cases that were decided before that decision. It is also argued that the defences regarding the criminalisation of the sexual transmission of HIV are in need of a statutory footing.
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