Courts / Dublin / Report

10-year sentence upheld for first prosecution over infecting women with HIV

Date
2022-10-21
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

A 31‑year‑old man was convicted of recklessly infecting two women with HIV, the first case of its kind in Ireland. He knew he was HIV positive, had been warned not to have unprotected sex and to take his medication, yet he had multiple unprotected encounters with each woman between November 2009 and June 2010. Evidence showed he had not been taking his medication, as his viral load was positive in 2010. The trial found he caused serious harm to the women under Section 4 of the Non‑Fatal Offences Against the Person Act. He pleaded not guilty, but the jury rejected the plea and he was sentenced to ten years' imprisonment. The Court of Appeal upheld the sentence, ruling the level of recklessness was high and the sentence proportionate. The appeal was dismissed, and the conviction remains unchanged. The man's identity is withheld to protect the victims.

Who, what, where, when and why

What: Report matter: 10-year sentence upheld for first prosecution over infecting women with HIV. 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 but 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:

Why: At the trial, the two women revealed in their victim impact statements that the man would tell people to stay away from them because they had the virus. CNI source report

Case subjects

Unnamed 31-year-old

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 but 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; He pleaded not guilty to the charges but 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 Venue
  • Court of Appeal
  • The circuit court
  • Dublin
  • Dublin Circuit Criminal Court
Secondary Mention

Topics

Stage Appeal

Related court reports

Read the original CNI report

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