HIV criminalization case heads back to court
NEWS BRIEF / Crown argues for reinstatement of attempted murder charges
Neil McKinnon / Ottawa / Thursday, October 06, 2011
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Crown prosecutors have asked that murder charges be reinstated against a 30-year-old HIV-positive man who did not disclose his status to sex partners.

Justice David Wake dropped four attempted murder charges at a preliminary hearing in July 2011, arguing that there was no reasonable evidence the accused had intent to kill when he allegedly had unprotected sex.

However, on Sept 30, Crown prosecutor Meghan Cunningham asked Superior Court Justice Albert Roy to bring back the charges, arguing that death is still a predictable consequence of contracting HIV/AIDS.

The accused was arrested in May 2010 in a case that sparked controversy after his name, photo and HIV status were published by the Ottawa Police Service.

Defence lawyer Ian Carter has argued to uphold Wake’s decision that there was no reasonable evidence to conclude the accused had intent to kill.

Justice Albert Roy said his decision would be handed down within the next month.

The accused has been denied bail and is in custody at the Ottawa-Carleton Detention Centre. He faces similar charges in Kitchener, where a trial is scheduled for February 2012.




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Reader Comments


 
He had no intent to "kill"...
He intended to have sexual release with other guys who are also responsible. (There are too many common-sense examples: if you get on a plane do you want it to crash, or do you just want to safely get to your vacation along with others who take the same risk?) I cannot sense an intent to kill. People are not always honest: they lie on everything from being married to a resume or a loan application. Get used to it or don't have sex. Popes and Presidents lie and hide the truth. That puts millions in extreme danger.
Mark, petawawa ontario
10/15/11 1:11 AM EST
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Responsibilty
Whether or not there was an intent to kill, he knew what he had, a deadly, transmissible disease. With that kind of attitude, everyone and anyone will be infected before you know it. That's a poor message to send to our youth, if you have HIV I'm sorry but the ownership falls on you. Yes everyone lies but not everyone HIV + is going around irresponsibly sleeping with people. I cannot compare common-sense situations to this issue, I sincerely hope they lock him up and throw away the key. Lesson learned for anyone else that selfish in this world. Sidenote: Maybe...just maybe I'd give this man the benefit of the doubt, but then we see he faces a the same charges in another city...
Steve, Ottawa Ontario
10/17/11 1:25 PM EST
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