A sentencing hearing for two men found guilty of keeping quiet about their HIV-positive status was adjourned Thursday without a sentence handed down.
Noel Bowland and Steven Boone were found guilty of aggravated sexual assault by a jury last December.
During a foursome with two other men in March 2010, the pair did not mention to their partners that they were HIV-positive.
Prosecutors asked court Thursday for a sentence of up to five years in prison for Boone and two years for Bowland, with the difference being that Boone intended to infect his partners while Bowland, a Kitchener resident, was indifferent to the matter.
“Mr. Bowland is in a very different position than Mr. Boone,” Cynthia Fromstein, Bowland’s lawyer, told CTV.
“There’s no forethought, no planning, no intention and his behaviour otherwise was to always disclose.”
Defence lawyers countered with suggestions of up to three years for Boone and one year for Bowland.
Boone, an Ottawa resident, has already been convicted on similar offences in Ottawa and could face a dangerous offender hearing there.
“I expect in July the crown will have a decision about whether or not they’re going to embark upon that dangerous offender application,” said Scott Reid, Boone’s lawyer.
Sentences are expected to be delivered in Kitchener on May 7.
