[6] Section 8 (i) of the Act is about committing a sexual act with a child, thus constituting an offence. Child for purposes of this Act under Part III being a person below the age of 16 years and for purposes of Part IV being a person below the age of 18 years. [7] It was argued on behalf of the accused that the trial Court erred in coming to the conclusion that the accused had the intention to commit the offence. It was argued that since the accused and his family were from a feast where they had been drinking it could not be said therefore that he intended to commit the crime as drunkenness can nullify intention. [8] In response the crown submitted that the penal section does not deal with the question of intention but possibility of infection. That there was no need even to consider whether or not a condom was used, but what remained as a fact was that accused knew of his HIV status. [9] The defence again pointed out that the exact age of the child has not been established and that the accused was not on his arrest, as required under the Act, subjected to compulsory testing.