A sex offender from Devon who breached an order banning him from contacting people over the age of 60 has failed in a bid to reduce his latest jail term.
Derek Francis Hornett, of Crossways, Whitestone, Exeter, was jailed in 2005 for three years for knowingly infecting an 82-year-old Paignton woman with HIV. In May, Hornett was again sentenced to three years for breaching the order.
Judges at the Court of Appeal rejected the 49-year-old's case, saying his sentence was "richly deserved".
Hornett, who knew he was HIV positive, was first jailed for causing grievous bodily harm to the elderly woman after having sex with her and infecting her with the HIV virus.
He was jailed by Judge Graham Cottle in December 2005, who told Hornett his actions had devastated his victim both physically and mentally. As part of that sentence, Hornett was given a sexual offences prevention order (SOPO) banning him from contacting people over 60.
But, within months of being released from jail, Hornett struck up a friendship with a 66-year-old woman, who he did odd jobs for.
Police were called in when the woman became suspicious. They discovered that Hornett had befriended three other women over 60, one of whom was in her 80s.
He was jailed for three years for breaching the SOPO.
His lawyers argued Hornett's sentence should be reduced to give him the chance to care for his seriously ill wife. But Mr Justice Foskett said: "Nothing we have heard persuades us that it's right to make any alteration to a richly deserved sentence."
Showing posts with label HIV exposure. Show all posts
Showing posts with label HIV exposure. Show all posts
Thursday, July 30, 2009
Wednesday, July 30, 2008
Walter Sayre, Akron, OH rapist, sentenced to 19 years
Walter Sayre, a 37 year old Akron, OH rapist who served prison time for the 1992 rape of a 72 year old woman, was sentenced to 19 years in prison and a Tier III sex offender listing yesterday for assaulting a 57 year old Kenmore, OH woman on February 19 this year knowing he was HIV positive. Out of prison for only 6 months, Sayre pled guilty to rape, aggravated robbery, aggravated assault, and felonious assault. Judge Judith Hunter was the presiding judge. Tier III sex offenders have to stay on The List for life, and must report to the police every 3 months. Ohio prison sentences carry no “good time,” but prison time can be added for bad behavior.
Saturday, July 26, 2008
London, ON area men plead guilty to sexual assault for exposing "partners" to HIV
Men withheld HIV status
Both plead guilty to aggravated sexual assault
By JANE SIMS
The London Free Press
Both men were ordered to tell their intimate partners they were HIV positive.
And both pleaded guilty yesterday to having unprotected sex with unsuspecting girlfriends.
Edward Kelly, 32, and Tendai Mazambani, 34, each pleaded guilty to one count of aggravated sexual assault in separate cases. Both are to be sentenced later.
Kelly, 32, has a previous conviction in the London area for the same offence in 2003.
Acting Middlesex Crown attorney Mary Potter told Superior Court Justice Johanne Morissette that Kelly was diagnosed with the HIV virus in October 1997.
In September 2002, he was issued a public health order to tell all his sexual partners he was infected and to wear a condom.
But on June 3, 2005, he met a 37-year-old woman, whose identity is protected by court order, on Quest, an Internet personal chat line, court was told. They hit it off, met in person the next day and had protected sex two days later.
Kelly did not tell her he was HIV positive, court heard.
On June 11, 2005, they had sex again, this time without protection. And he did not tell her about his medical status, Potter said.
At the end of July, the woman believed Kelly had not been upfront with her and was often unreliable when setting up times to see her. She broke off the relationship. In August 2005, Kelly was arrested and his parole was revoked. Eight months later, he was released from custody and called the woman.
She picked him up a week later. They continued to be friends, Potter said, until the woman was asked by one of Kelly's roommates if she knew about his HIV.
A day later, on May 2, 2006, the woman called police. Kelly was arrested the next day.
The woman has been tested and remains HIV negative.
Kelly's lawyer, Robert Farrington, said the Crown had agreed to delay the sentencing to Sept. 18 to give Kelly time to put his personal affairs in order. He has been on bail since May 2007.
Mazambani's plea was to one charge, but seven more remain outstanding until his sentencing July 31.
"Guilty," he said softly from the prisoner's box to the charge involving a woman he knew socially in 2006.
Geoff Beasley, acting for the Crown, said between May and September 2006 Mazambani had sex with the woman. They had three conversations about HIV and Mazambani denied having the virus, the woman said.
Mazambani never told the woman his HIV status, Beasley said, and she has said she would never had engaged in sexual relations with him had she known. She said she didn't find out until after the relationship ended. She has been tested for the virus since and remains HIV negative.
Mazambani's sentencing was adjourned for a week to give the victim a chance to attend.
Both plead guilty to aggravated sexual assault
By JANE SIMS
The London Free Press
Both men were ordered to tell their intimate partners they were HIV positive.
And both pleaded guilty yesterday to having unprotected sex with unsuspecting girlfriends.
Edward Kelly, 32, and Tendai Mazambani, 34, each pleaded guilty to one count of aggravated sexual assault in separate cases. Both are to be sentenced later.
Kelly, 32, has a previous conviction in the London area for the same offence in 2003.
Acting Middlesex Crown attorney Mary Potter told Superior Court Justice Johanne Morissette that Kelly was diagnosed with the HIV virus in October 1997.
In September 2002, he was issued a public health order to tell all his sexual partners he was infected and to wear a condom.
But on June 3, 2005, he met a 37-year-old woman, whose identity is protected by court order, on Quest, an Internet personal chat line, court was told. They hit it off, met in person the next day and had protected sex two days later.
Kelly did not tell her he was HIV positive, court heard.
On June 11, 2005, they had sex again, this time without protection. And he did not tell her about his medical status, Potter said.
At the end of July, the woman believed Kelly had not been upfront with her and was often unreliable when setting up times to see her. She broke off the relationship. In August 2005, Kelly was arrested and his parole was revoked. Eight months later, he was released from custody and called the woman.
She picked him up a week later. They continued to be friends, Potter said, until the woman was asked by one of Kelly's roommates if she knew about his HIV.
A day later, on May 2, 2006, the woman called police. Kelly was arrested the next day.
The woman has been tested and remains HIV negative.
Kelly's lawyer, Robert Farrington, said the Crown had agreed to delay the sentencing to Sept. 18 to give Kelly time to put his personal affairs in order. He has been on bail since May 2007.
Mazambani's plea was to one charge, but seven more remain outstanding until his sentencing July 31.
"Guilty," he said softly from the prisoner's box to the charge involving a woman he knew socially in 2006.
Geoff Beasley, acting for the Crown, said between May and September 2006 Mazambani had sex with the woman. They had three conversations about HIV and Mazambani denied having the virus, the woman said.
Mazambani never told the woman his HIV status, Beasley said, and she has said she would never had engaged in sexual relations with him had she known. She said she didn't find out until after the relationship ended. She has been tested for the virus since and remains HIV negative.
Mazambani's sentencing was adjourned for a week to give the victim a chance to attend.
Sunday, May 18, 2008
Halifax, NS, Canada man found guilty of exposing girlfriend to HIV
From The Daily Gleaner
HALIFAX - A Halifax man living with HIV was found guilty Thursday of aggravated sexual assault for not telling his ex-girlfriend about his health condition before having unprotected sex with her.
Blaine Arthur Holland, 36, was diagnosed with HIV in 1995 but his ex-girlfriend, who can't be named, was under the impression he only tested positive in March 2006.
"He's been lying to his friends, his family, to anyone who will listen," the victim said in a brief phone interview after the verdict Thursday. "He knew.
The Halifax woman, 37, agreed to keep dating Holland after he told her, thinking he had just found out. She ended the relationship and went to the police in September 2006, when she discovered from another ex-girlfriend of Holland's that he's known about his condition for much longer.
Consent was the main issue in the trial, Justice Arthur Pickup said during his half-hour decision in Nova Scotia Supreme Court.
He explained that although a person may freely agree to have unprotected sex with someone else, the consent is moot if the person was unaware of the partner's HIV status beforehand.
During the two-day trial last month, the victim testified that had she known Holland was infected, she never would have entered into a sexual relationship with him.
She told the court they had sex between 100 and 150 times. They didn't always use a condom, she said, although Holland insists they always practised safer sex.Pickup said it came down to the credibility of Holland and his ex-girlfriend, who has so far tested negative for HIV.
The woman said she got tested for the virus as soon as she found out Holland's status in March 2006. However, Holland testified that he was upfront about his health when the pair started dating a year earlier.Pickup said it "didn't make sense" that the woman would wait a year to get tested if Holland had told her about his condition in March 2005.
A presentence report was requested and Holland will return to court Aug. 14 for sentencing.
HALIFAX - A Halifax man living with HIV was found guilty Thursday of aggravated sexual assault for not telling his ex-girlfriend about his health condition before having unprotected sex with her.
Blaine Arthur Holland, 36, was diagnosed with HIV in 1995 but his ex-girlfriend, who can't be named, was under the impression he only tested positive in March 2006.
"He's been lying to his friends, his family, to anyone who will listen," the victim said in a brief phone interview after the verdict Thursday. "He knew.
The Halifax woman, 37, agreed to keep dating Holland after he told her, thinking he had just found out. She ended the relationship and went to the police in September 2006, when she discovered from another ex-girlfriend of Holland's that he's known about his condition for much longer.
Consent was the main issue in the trial, Justice Arthur Pickup said during his half-hour decision in Nova Scotia Supreme Court.
He explained that although a person may freely agree to have unprotected sex with someone else, the consent is moot if the person was unaware of the partner's HIV status beforehand.
During the two-day trial last month, the victim testified that had she known Holland was infected, she never would have entered into a sexual relationship with him.
She told the court they had sex between 100 and 150 times. They didn't always use a condom, she said, although Holland insists they always practised safer sex.Pickup said it came down to the credibility of Holland and his ex-girlfriend, who has so far tested negative for HIV.
The woman said she got tested for the virus as soon as she found out Holland's status in March 2006. However, Holland testified that he was upfront about his health when the pair started dating a year earlier.Pickup said it "didn't make sense" that the woman would wait a year to get tested if Holland had told her about his condition in March 2005.
A presentence report was requested and Holland will return to court Aug. 14 for sentencing.
Thursday, April 24, 2008
18 year old man charged with exposing 18 year old woman to HIV in Milwaukee suburb
An 18 year old student at South Milwaukee High School, on probation for another crime, was charged with 2nd degree reckless endangerment of safety after having unprotected sex with another 18 year old female student. Mark Brown was exposed by his aunt who he lived with. The aunt told the girl that Brown may be HIV positive, and the girl went to police, saying she would never have had sex with Brown if she had been told he was infected.
In an April 14 phone conversation, a South Milwaukee police officer asked Brown if he was HIV positive.
"Yes, I am," Brown replied, according to the complaint.
Brown said he had known for about 18 months. He denied, however, having sexual intercourse with the young woman.
According to court records filed this month in support of subpoena seeking Brown's medical records, a 16-year-old told police at South Milwaukee High School that she had sexual contact, but not intercourse, with Brown and that he did not tell her about his condition. The same court records indicate that the woman in Tuesday's complaint is 18.
The 16-year-old was not mentioned in Tuesday's complaint.
The human immunodeficiency virus is a life-threatening sexually transmitted disease that can lead to the development of AIDS.
Brown made his initial appearance Tuesday before Court Commissioner Rosa M. Barillas. He is a tall, thin man who appeared all the more lanky dressed in baggy orange jail clothing. Barillas set a cash bail of $1,000. As conditions of his bail, Barillas ordered Brown to have no contact with the 18-year-old girl and to advise anyone he has sex with of his medical condition.
According to computerized state court records, Brown pleaded no contest in 2006 in Racine County to a misdemeanor charge of carrying a concealed weapon. Less than a month later, he pleaded no contest to misdemeanor charges of theft and receiving stolen property.
Brown was sentenced to two years of probation, one of the conditions being a requirement to stay in school.
School officials for the South Milwaukee district didn't respond to requests for interviews Tuesday.
The parent of a sophomore at South Milwaukee High School said he can see why administrators there aren't eager to comment, given that the sexual acts Brown has been accused of did not happen on school grounds.
"Something happened, and it's terrible, but it's not the school's problem. The school can't be the police for these individuals. Everybody looks for someone to blame, but the schools can't be responsible for that."
Second degree reckless endangerment of safety is a felony punishable by up to 10 years in a Wisconsin prison.
In an April 14 phone conversation, a South Milwaukee police officer asked Brown if he was HIV positive.
"Yes, I am," Brown replied, according to the complaint.
Brown said he had known for about 18 months. He denied, however, having sexual intercourse with the young woman.
According to court records filed this month in support of subpoena seeking Brown's medical records, a 16-year-old told police at South Milwaukee High School that she had sexual contact, but not intercourse, with Brown and that he did not tell her about his condition. The same court records indicate that the woman in Tuesday's complaint is 18.
The 16-year-old was not mentioned in Tuesday's complaint.
The human immunodeficiency virus is a life-threatening sexually transmitted disease that can lead to the development of AIDS.
Brown made his initial appearance Tuesday before Court Commissioner Rosa M. Barillas. He is a tall, thin man who appeared all the more lanky dressed in baggy orange jail clothing. Barillas set a cash bail of $1,000. As conditions of his bail, Barillas ordered Brown to have no contact with the 18-year-old girl and to advise anyone he has sex with of his medical condition.
According to computerized state court records, Brown pleaded no contest in 2006 in Racine County to a misdemeanor charge of carrying a concealed weapon. Less than a month later, he pleaded no contest to misdemeanor charges of theft and receiving stolen property.
Brown was sentenced to two years of probation, one of the conditions being a requirement to stay in school.
School officials for the South Milwaukee district didn't respond to requests for interviews Tuesday.
The parent of a sophomore at South Milwaukee High School said he can see why administrators there aren't eager to comment, given that the sexual acts Brown has been accused of did not happen on school grounds.
"Something happened, and it's terrible, but it's not the school's problem. The school can't be the police for these individuals. Everybody looks for someone to blame, but the schools can't be responsible for that."
Second degree reckless endangerment of safety is a felony punishable by up to 10 years in a Wisconsin prison.
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