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HIV criminalization case heads back to court

Crown argues for reinstatement of attempted murder charges

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.