Muenz Law Office Calgary Criminal Defence Lawyer

Conviction stands for Calvary man

A Calgary man who was convicted of aggravated sexual assault in 2015 after he gave his bride the AIDS virus during unprotected sex lost his bid last month to have his conviction overturned.

Alberta's Court of Appeal upheld his conviction, with the three-member panel ruling unanimously that the provincial court did not err when convicting the defendant.

Defence counsel argued that the judge was in error when he quizzed the defendant on the witness stand and allowed the admission of evidence concerning the defendant's behavior after the offence.

When defendant's testimony concluded, the judge questioned him about how his wife got impregnated back in 2011. It was only during her pregnancy that she became aware that she was HIV-positive.

Defence counsel claimed that the judge's questions led defendant to fear bias from the court. The judges on the Court of Appeal demurred, stating in their written ruling, "This was not a trial judge who perpetually interrupted."

As one can imagine, it is usually easier to avoid a conviction on serious charges like sexual assault than to get one overturned later by another panel of judges. That's why it is essential that anyone who stands accused of any misdemeanor or felony charge acts immediately to build a strong and viable defense against the charges he or she faces.

Especially in cases where the alleged offense is of a sexual nature, defendants must act with urgency to take steps to reclaim their good names and personal and professional reputations. Consulting with an experienced criminal defence lawyer is usually the first step toward resolution.

Source: canoe.com, "Conviction stands against Calgary man who infected new bride with HIV," Kevin Martin, Calgary Sun, June 30, 2016

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