Case # 35758
James Steven Wilcox v. Her Majesty the Queen (December 8, 2014)
The appellant was convicted of aggravated sexual assault. The trial judge found that he knowingly exposed the complainant to hiv without the complainant’s consent. The complainant tested negative for the virus at the time of the assault, but was later found to be HIV positive. The appellant appealed his conviction, arguing that his failure to disclose that he had hiv was immaterial. The appellant argued the failure to disclose this was immaterial because the complainant would still have consented to the unprotected intercourse. A majority of the court of appeal dismissed the appeal. A dissenting justice would have allowed a new trial on the basis the trial judge had not applied R. v. W.
in assessing the evidence as a whole.