Courts / Dublin / Report
First conviction for infecting women with HIV is upheld on appeal
Summary
The Court of Appeal upheld a 10‑year prison sentence for a 31‑year‑old man convicted of intentionally or recklessly infecting two women, including his wife, with HIV. The man had unprotected sex with the women between November 2009 and June 2010, despite being diagnosed HIV‑positive in 2008 and advised to take antiretroviral medication. He was found to have a positive viral load in 2010, indicating he had not been taking his medication. The trial jury rejected his plea of not guilty and convicted him under Section 4 of the Non‑Fatal Offences Against the Person Act. He appealed, arguing the trial judge failed to properly explain scientific evidence and that phylogenetic testing was necessary. The Court of Appeal dismissed the appeal, noting that such testing could not be reasonably carried out and that the evidence presented was sufficient for conviction. The judge described the man's behaviour as "grossly reprehensible" and noted his remorse and difficult upbringing.
Who, what, where, when and why
What: Report matter: First conviction for infecting women with HIV is upheld on appeal. Charges or matters: causing serious harm to the women, contrary to Section 4 of the Non-Fatal Offences Against the Person Act, after he had unprotected sex with them on dates between November 2009 and June 2010; the charges, the jury did not accept his plea and he was jailed following a trial at Dublin Circuit Criminal Court before Judge Martin Nolan in July 2018. Procedural stage: appeal. Findings: Convicted
When:
- November 2009 Hearing Or Sentence
- June 2010 Hearing Or Sentence
- July 2018 Hearing Or Sentence
- 2022-06-17 Publication
Why: At the trial, the two women revealed in their victim impact statements that the man – who is now aged 31 – would tell people to stay away from them because they had the virus. CNI source report
Case subjects
Convicted Person
Charges: causing serious harm to the women, contrary to Section 4 of the Non-Fatal Offences Against the Person Act, after he had unprotected sex with them on dates between November 2009 and June 2010; the charges, the jury did not accept his plea and he was jailed following a trial at Dublin Circuit Criminal Court before Judge Martin Nolan in July 2018 (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; The Court of Appeal has upheld the first conviction for "intentionally or recklessly" infecting a person with HIV, in the case of a man who was jailed for 10 years for giving the virus to two of his sexual partners, including his wife. Although he had pleaded not guilty to the charges, the jury did not accept his plea and he was jailed following a trial at Dublin Circuit Criminal Court before Judge Martin Nolan in July 2018.
Places mentioned
- Court of Appeal
- The circuit court
- Dublin
- Dublin Circuit Criminal Court
Topics
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