Ian A. MacDonnell

The accused was convicted of attempted aggravated sexual assault after engaging in unprotected sexual intercourse with a partner for approximately fourteen months after learning he was HIV-positive and failing to disclose his status.

The complainant later tested positive for HIV and had developed AIDS, although it could not be proven that infection occurred after the accused learned of his status.

The court held that non-disclosure of HIV status vitiated consent through fraud under s. 265(3)(c) of the Criminal Code.

In determining sentence, the court weighed the accused’s lack of criminal record and positive community reputation against the repeated risk imposed on the complainant and the breach of trust inherent in the conduct.

A custodial sentence emphasizing denunciation and deterrence was required.

The accused was sentenced following convictions for robbery, forcible confinement, using an imitation firearm during robbery, and being masked with intent arising from two violent carjackings.

In both incidents, victims were abducted at gunpoint, confined in the trunks of their vehicles, threatened with death, and forced to reveal banking PINs while offenders withdrew funds from ATMs.

The court considered principles of denunciation and deterrence while balancing the accused’s youth, lack of prior criminal record, remorse, and personal circumstances including trauma and mental health concerns.

Parity with the sentence imposed on a co‑accused involved in multiple related carjackings was examined, along with sentencing jurisprudence regarding serious robberies.

The court determined that a lower sentence than the co‑accused was appropriate given the offender’s age, absence of record, and demonstrated remorse.