The accused, knowing he was HIV-positive, engaged in unprotected sexual intercourse with two complainants without disclosing his status, despite being instructed by public health officials to do so.
The complainants testified they would not have consented had they known.
The trial judge acquitted the accused of aggravated assault, and the Court of Appeal upheld the acquittals.
The Supreme Court of Canada allowed the Crown's appeal and ordered a new trial, holding that a failure to disclose HIV-positive status can constitute fraud vitiating consent to sexual intercourse under s. 265(3)(c) of the Criminal Code if it exposes the complainant to a significant risk of serious bodily harm.
