Aziga was arrested in August 2003. On November 16, 2005, Justice Norman Bennett of Hamilton ruled there was sufficient evidence for Aziga to stand trial. His trial date was initially set for May 2007 but was moved back several times. The trial was set to begin October 6, 2008. The decision to try Aziga was criticized by Richard Elliott, deputy director of the
Canadian HIV/AIDS Legal Network, who described the decision as "not particularly helpful" and argued that it might lead to a "dominant impression out there of people living with HIV as potential criminals, which is not an accurate or fair representation." Aziga was the first Canadian ever to be criminally convicted on charges for knowingly infecting others with the HIV virus without telling the victims. He was designated a "dangerous offender" under Canadian criminal law. In an earlier case, Charles Ssenyonga of
London, Ontario was prosecuted on the lesser charges of aggravated assault and criminal negligence causing bodily harm, although he died of
meningitis before a verdict was rendered in his case. In the 1999 decision
R. v. Cuerrier, the
Supreme Court of Canada ruled that people who knowingly exposed/infected others to HIV through unprotected sex could be charged with a crime on the grounds that failure to disclose one's HIV status to a sex partner constituted
fraud. Aziga's trial began in October 2008. On April 4, 2009, Aziga was found guilty of two counts of murder in the first degree, 10 counts of aggravated sexual assault, and one count of attempted aggravated sexual assault by a jury made up of nine men and three women at Hamilton Superior Court. The murder convictions resulted from the fact that Canadian jurisprudence has established that failure to disclose one's HIV status before unprotected sex means that the partner cannot give consent (as they have been deliberately deprived of information that might cause a reasonable person to reconsider), resulting in the sexual act becoming aggravated sexual assault. Under Canadian law, any death resulting from aggravated sexual assault (i.e. the two women who died as a result of HIV/AIDS complications) is automatically murder in the first degree. Aziga was sentenced to
life imprisonment with no possibility of parole for 25 years, the mandatory sentence in Canada for a conviction of first-degree murder. Aziga expressed his intention to appeal his conviction. ==See also==