Johnson Aziga
Encyclopedia
Johnson Aziga is a Uganda
n-born Canadian
man resident in Hamilton, Ontario
, Canada
, notable as the first person to be charged and convicted of first-degree murder in Canada for spreading HIV
, after two women whom he had infected without their knowledge died.
, in December 2003 and May 2004.
Several Canadian courts have ruled that persons who are not informed that a sexual partner is HIV-positive cannot truly give consent to sex. As a consequence of this, the death of the two women is automatically considered to be murder
instead of a lesser charge such as manslaughter
.
On November 16, 2005, Justice Norman Bennett of Hamilton ruled there is sufficient evidence for Aziga to stand trial. His trial date was initially set for May 2007 but was moved back several times. As of May, 2008, 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 may 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 not the first Canadian ever to face criminal charges for knowingly exposing others to HIV. 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 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 constitutes fraud
.
Aziga's trial began in October 2008. Among the first revelations made in trial proceedings are claims by Aziga's former girlfriends that he lied about his HIV status and continued having unprotected sex until the morning of his arrest in 2003. Aziga's lawyers claim that no conclusive link can be shown to indicate that the deaths of his former girlfriends can be attributed to HIV/AIDS.
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 nine men and three women on Hamilton Superior Court jury. 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 has expressed his intention to appeal his conviction.
On August 2, 2011, a court in Hamilton, Ont. granted a request by Crown Prosecutors to have Johnson Aziga jailed indefinitely under the Dangerous Offender act, because he is believed to be at a high risk to re-offend.
Uganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
n-born Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
man resident in Hamilton, Ontario
Hamilton, Ontario
Hamilton is a port city in the Canadian province of Ontario. Conceived by George Hamilton when he purchased the Durand farm shortly after the War of 1812, Hamilton has become the centre of a densely populated and industrialized region at the west end of Lake Ontario known as the Golden Horseshoe...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, notable as the first person to be charged and convicted of first-degree murder in Canada for spreading HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
, after two women whom he had infected without their knowledge died.
Background
Aziga was a former staffer at the Ontario Ministry of the Attorney General. According to CBC News, he was diagnosed with HIV in 1996. He had unprotected sex with 11 women without telling them he was HIV-positive. Seven of these women later tested positive for HIV, two of whom died of complications of AIDSAIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
, in December 2003 and May 2004.
Several Canadian courts have ruled that persons who are not informed that a sexual partner is HIV-positive cannot truly give consent to sex. As a consequence of this, the death of the two women is automatically considered to be murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
instead of a lesser charge such as manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
.
Arrest and trial
Aziga was arrested in August 2003.On November 16, 2005, Justice Norman Bennett of Hamilton ruled there is sufficient evidence for Aziga to stand trial. His trial date was initially set for May 2007 but was moved back several times. As of May, 2008, 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
Canadian HIV/AIDS Legal Network
The Canadian HIV/AIDS Legal Network promotes the human rights of people living with and vulnerable to HIV/AIDS, in Canada and internationally, through research, legal and policy analysis, education, and community mobilization...
, who described the decision as "not particularly helpful" and argued that it may 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 not the first Canadian ever to face criminal charges for knowingly exposing others to HIV. In an earlier case, Charles Ssenyonga of London, Ontario
London, Ontario
London is a city in Southwestern Ontario, Canada, situated along the Quebec City – Windsor Corridor. The city has a population of 352,395, and the metropolitan area has a population of 457,720, according to the 2006 Canadian census; the metro population in 2009 was estimated at 489,274. The city...
was prosecuted on the lesser charges of aggravated assault and criminal negligence causing bodily harm, although he died of meningitis
Meningitis
Meningitis is inflammation of the protective membranes covering the brain and spinal cord, known collectively as the meninges. The inflammation may be caused by infection with viruses, bacteria, or other microorganisms, and less commonly by certain drugs...
before a verdict was rendered in his case.
In the 1999 decision R. v. Cuerrier
R. v. Cuerrier
R. v. Cuerrier was a 1998 decision by the Supreme Court of Canada, which ruled that knowingly exposing a sexual partner to HIV constitutes a prosecutable crime under Canadian law.-Background:...
, the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
ruled that people who knowingly exposed 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 constitutes fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
.
Aziga's trial began in October 2008. Among the first revelations made in trial proceedings are claims by Aziga's former girlfriends that he lied about his HIV status and continued having unprotected sex until the morning of his arrest in 2003. Aziga's lawyers claim that no conclusive link can be shown to indicate that the deaths of his former girlfriends can be attributed to HIV/AIDS.
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 nine men and three women on Hamilton Superior Court jury. Aziga was sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
with no possibility of parole for 25 years, the mandatory sentence in Canada for a conviction of first-degree murder. Aziga has expressed his intention to appeal his conviction.
On August 2, 2011, a court in Hamilton, Ont. granted a request by Crown Prosecutors to have Johnson Aziga jailed indefinitely under the Dangerous Offender act, because he is believed to be at a high risk to re-offend.
See also
- R. v. CuerrierR. v. CuerrierR. v. Cuerrier was a 1998 decision by the Supreme Court of Canada, which ruled that knowingly exposing a sexual partner to HIV constitutes a prosecutable crime under Canadian law.-Background:...
- Aki Hakkarainen
- Trevis SmithTrevis SmithTrevis Smith was a professional Linkline operator and also football linebacker who played seven years with the Saskatchewan Roughriders of the Canadian Football League...
- Carl LeoneCarl LeoneCarl Desmond Leone is a Canadian businessman from Windsor, Ontario. Leone was jailed after pleading guilty in a Windsor court to 15 counts of aggravated sexual assault for not informing his sexual partners of his positive HIV status...
- Criminal transmission of HIVCriminal transmission of HIVIn many countries, the intentional or reckless infection of a person with the human immunodeficiency virus is considered to be a crime. This is often conflated, in laws and in discussion, with criminal exposure to HIV, which does not require the transmission of the virus and often, as in the...
External links
- HIV-positive man to stand trial on murder charges, CBC News, 14 November 2005
- HIV-positive man faces 2 murder charges for unprotected sex, CBC News, 25 February 2005
- On trial for murder by disease, By Marina Jiminez and Lisa Priest, The Globe and Mail, Published May 15, 2007.
- Aziga found guilty of first-degree murder, CTV Toronto, 4 April 2009
Related video
- Feature report: Should you be legally obligated to disclose your HIV status?, CBC News: The HourCBC News: The HourGeorge Stroumboulopoulos Tonight is a Canadian television talk show broadcast on CBC Television and hosted by George Stroumboulopoulos. Originally known as The Hour from 2005 to 2010, it first aired on January 17, 2005. The program is currently initially broadcast on CBC Television at 11:05 p.m....
, 1 December 2005.