A top court in Ontario upturned two first-degree murder convictions against a man who did not refused his HIV-positive status to numerous partners he had had sex with.
In 2009, Johnson Aziga was convicted for two counts of murder and 10 counts of aggravated sexual assault and one count of attempted aggravated sexual assault. Later, the court declared him a dangerous offender, which carries an indefinite sentence.
Dissatisfied with his convictions and sentence, he appealed the decision where the Court of Appeal for Ontario upturned the convictions of murder and substituted them with two verdicts of manslaughter because the jury was wrongly instructed about intent by the trial court.
The court also set aside two aggravated assault convictions.
The justices of the Appeal Court panel affirmed the dangerous offender designation as well as the sentences for manslaughter because of the gravity of the offences.
“The illegal conduct that caused the death of (two victims) was reprehensible,” the court said in its decision.
“Mr. Aziga deceived these women for his own sexual gratification as part of a repeated pattern of conduct, being fully aware that he was putting their lives and health at serious risk, after refusing to take measures to reduce the danger he posed because of concerns for his own health.”
In 1996, Aziga learned that he was HIV-positive and was repeatedly counselled on the risk of transmission through unprotected sex and the risks of AIDS, the court said. He took medication to maintain his own health but refused antiretroviral therapy to reduce his contagiousness due to the “bulky” pills, potential side effects and confidentiality concerns, the court said.
In 2002, he was mandated under the Health Protection and Promotion Act to refrain from unprotected sex without disclosing his HIV status to his partner but repeatedly breached it, the court said.
Despite all these, Aziga continued to have unprotected sex with multiple women from 2000 to 2002 without disclosing his HIV status. Many of these women were HIV positive at the time of Aziga’s trial, and two women already died.
“These women suffered horrible and despairing deaths because of his deplorable, self-regarding behaviour,” the Appeal Court wrote.
“A life sentence is fit and required in the circumstances of both offences to express denunciation and deterrence, even bearing in mind the principles of restraint that apply in criminal sentencing.”
The Ugandan national argued that his convictions were based on systemic racism and the stigma. The court deemed this argument untenable and unsubstantiated. He also tried to cast aspersion on the competence of his legal representation, but the Court of Appeal dismissed those grounds too.
The Appeal Court said it didn’t see a reason to overturn the dangerous offender designation.
“In explaining this finding, the trial judge cited Mr. Aziga’s ‘multi-year history of deception,’ his repetitive behaviour, his disregard of court orders, his lack of remorse and his defensive attitude, and the ease of opportunity to reoffend,” the Appeal Court said.
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