An HIV-positive Toronto man found guilty in May of HIV exposure, has had his one year suspended sentence increased to one year in prison, following an appeal by the Crown at the Ontario Court of Appeal.
Apparently, "the sentence imposed by a Superior Court judge last May was outside the range of sentences for other HIV-positive offenders who've knowingly had unprotected sex and it failed to take into account the breach of trust."
Interestingly, the original case failed to make the papers first time around. Article from The Toronto Star, below.This is one of those cases in which incarceration is the only way to express society's outrage, said Justice Eleanore Cronk, who wrote the decision.
"The respondent's non-disclosure of his HIV-positive status meant that (his girlfriend) was essentially duped, for a prolonged period, into having sexual relations with (McGregor), she said.
Man gets one year for concealing HIV status
Toronto Star
Dec 08, 2008
Tracey Tyler, LEGAL AFFAIRS REPORTER
A Toronto man who is HIV-positive is going to jail this week for having unprotected sex with his girlfriend.
By concealing his medical status for more than a year, Roger McGregor committed a serious breach of trust, the Ontario Court of Appeal said today in a unanimous decision.
The court set aside a 12-month conditional sentence imposed on McGregor earlier this year for aggravated sexual assault and substituted a one-year jail term.
This is one of those cases in which incarceration is the only way to express society's outrage, said Justice Eleanore Cronk, who wrote the decision.
"The respondent's non-disclosure of his HIV-positive status meant that (his girlfriend) was essentially duped, for a prolonged period, into having sexual relations with (McGregor), she said.
The court gave McGregor three days to surrender.
Public health officials had warned him he had to disclose his status before having sexual intercourse.
The victim discovered his HIV status by accident when she found a medical information sheet on his bedroom dresser. She took it to a pharmacist to find out what the medication was for.
After being told it was for treating HIV, she confronted McGregor and "an altercation ensued," Cronk said.
The couple broke up shortly afterwards and the victim so far hasn't tested HIV-positive.
Cronk said the sentence imposed by a Superior Court judge last May was outside the range of sentences for other HIV-positive offenders who've knowingly had unprotected sex and it failed to take into account the breach of trust.
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