TORONTO - An HIV-positive Toronto man who endangered his mistress’ life through unprotected sex was sentenced to two years less a day in prison.
“Gregory Thomas repeatedly engaged in unprotected intercourse with the victim after he learned that he was infected … and he failed to do so notwithstanding that he was himself undergoing treatment for the infection,” Justice Ian MacDonnell said Tuesday.
Thomas started a five-year relationship in 2002 with the victim, who developed full-blown AIDS, and they had a daughter — now 8 — together.
The 51-year-old bicycle mechanic was convicted of attempted aggravated sexual assault between March 7, 2006 and June 9, 2007.
In March 2006, Thomas tested positive for HIV as part of his physical examination for immigration.
The next month, a Toronto public health nurses advised Thomas he had to inform any future sex partners of his infection and the need to wear condoms. She also asked him to disclose any lovers he had over the previous 10 years.
But MacDonnell noted Thomas kept having unprotected sex with the victim for the next 14 months. By May 2007, when Thomas revealed the victim’s name to authourities, it was already too late, court heard.
“Unfortunately … she had by that point developed full blown AIDS,” said MacDonnell. “The discovery that she is infected … has been devastating to her.”
By concealing his condition from her, Thomas obtained her consent by fraud and his actions constituted an assault, said MacDonnell.
“There’s no doubt Thomas was the source of the victim’s HIV infection, but the Crown attorney (Helen How) acknowledged that it cannot be determined whether she became infected before or after he learned that he was HIV positive,” said the judge.
“Thus, the Crown conceded that Thomas couldn’t be found guilty of the full offence of aggravated sexual assault (and was acquitted).”
The Crown called for a three- to five-year penitentiary sentence for Thomas.
He is from Grenada and came to Canada in 1990. He was deported in the early 1990s, but returned to the country. He has been living with his current wife since the early 1990s apart from a year-long separation in 2004-05.
They married in February 2006, just prior to his discovery that he was HIV positive.
The wife is sponsoring him and he may still be permitted to remain in Canada, court heard. Thomas had no prior convictions and several people praised his good character in letters of testimonials filed in court.
Article posted in AIDS/HIV refugees/immigrants, Immigration