The accused was charged with three counts of aggravated sexual assault for failing to disclose his HIV-positive status to three sexual partners.
The accused argued that his use of condoms during sexual intercourse negated the realistic possibility of HIV transmission, despite not having a low viral load at the time.
The court applied the Supreme Court of Canada's test in Mabior, holding that both a low viral load and condom use are required to negate a realistic possibility of transmission.
As the accused did not have a low viral load at the time of the offences, the court found him guilty on all three counts.
