The appellant appealed his conviction for aggravated sexual assault, which was based on his failure to disclose his HIV-positive status to the complainant.
The appellant was an "elite controller" with a naturally low/undetectable viral load, not on anti-retroviral therapy.
The Court of Appeal admitted fresh expert evidence, which clarified that the risk of HIV transmission from an elite controller with a suppressed viral load is negligible, similar to individuals on ART.
The court found this fresh evidence decisive, concluding that no reasonable trier of fact could convict the appellant given the negligible risk of transmission.
The appeal was allowed, the conviction was set aside, and an acquittal was entered.
