LINK:
http://www.theprovince.com/news/ ... /3552044/story.html
ARTICLE:
Adrian Sylver Nduwayo will spend the next six years in prison for having unprotected sex with five women without telling them he was HIV-positive.
Nduwayo, 40, was found guilty in New Westminster Supreme Court in August of five charges of aggravated sexual assault involving five women. The assaults took place in Delta, Burnaby, Port Coquitlam, Langley and Surrey.
Nduwayo learned from a doctor that he was HIV positive in 1996. He went on to have unprotected sex with the five women between 1997 and 2003, infecting three of them with HIV.
When considering his sentencing decision, Justice James Williams said he was struck by the “outrageous degree of inexplicably selfish conduct by Mr. Nduwayo.”
Williams said an 18-year sentence was appropriate and gave Nduwayo credit for 12 years in custody.
Crown prosecutor Janet Dickie had asked for a 19-year sentence for Nduwayo, minus 11 years for time spent in custody before sentencing. Defence lawyer Simon Buck had argued that Nduwayo should be given 13 years of credit and spend no more time in jail.
The amount of credit that should be given to Nduwayo was a contentious issue, with Crown and defence arguing for different calculations based on time spent in pretrial centres and federal prison.
Nduwayo was arrested in 2003 and tried on similar charges for the same offences in 2005. He was sentenced in 2006 to 15 years in prison for five counts of aggravated sexual assault, one count of attempted aggravated sexual assault and one count of sexual assault involving seven different women.
However, Nduwayo appealed the conviction and was granted a new trial. He has been in custody since 2003.
Williams said he was at a loss to understand Nduwayo’s repeated acts of unprotected intercourse and called the offender’s conduct “callous and incredibly selfish.”
“The harm inflicted on these women was by any measure atrocious,” Williams said.
Read more:
http://www.theprovince.com/news/ ... .html#ixzz106hmcoar