What constitutes an intent to transmit HIV by spitting at a police officer?

In our case, the accused intended to transmit HIV by spitting. It is immaterial whether he thought his saliva alone was sufficient to do so or he thought that the blood from the cut on his lip mixed with his saliva was sufficient to do so. It is immaterial that it was not a realistic possibility to transmit HIV in this way. His spitting at the police officer coupled with his comments that he had HIV, his threats and his hiding behind the door of the interview room show a completed mens rea along with action that was more than preparatory. The criminal element of attempt may lie solely in the intent. See Ancio v. The Queen, 1984 CanLII 69 (SCC), [1984] 1 S.C.R. 225 at pp. 247-48.