Two men convicted of not disclosing their HIV-positive status to sexual partners were sentenced Tuesday morning in a Kitchener courtroom.
Noel Bowland was sentenced to 18 months in prison and three years on probation, while Steven Boone was sentenced to four years in prison – less double-time credit for the two-plus years he has already served.
However, Boone will remain in police custody as he has been convicted of similar offences in the Ottawa area where he may be designated as a dangerous offender following a conviction for attempted murder.
Bowland and Boone were found guilty of aggravated sexual assault last December after not mentioning their HIV-positive status to their partners during a foursome in March 2010.
Prosecutors had asked for a five-year sentence for Boone and two years for Bowland, arguing that Boone intended to infect his partners with HIV while Bowland did not have the same intent.
“It goes completely against his normal behaviours for him not to disclose,” said Cynthia Fromstein, Bowland’s lawyer.
Defence lawyers had suggested three years for Boone and one year for Bowland.
Bowland’s sentence is expected to be appealed.
“I cannot believe that my son did not disclose. My belief is that at least one of the two people knew that he was HIV-positive,” said Rheal Lamothe, Bowland’s father.
