An HIV-positive man convicted of knowingly spreading the virus that causes AIDS was sentenced yesterday to 18 years in prison, with the judge describing his crimes as "despicable and selfish" for a few minutes of sexual gratification.
But Mr. Justice Joseph Quinn of the Ontario Superior Court stopped short of declaring Carl Leone, 32, a dangerous offender as the Crown had requested. That designation would have imprisoned Mr. Leone indefinitely.
Instead, Judge Quinn handed Mr. Leone 15 consecutive sentences totalling 49 years, which he then reduced to 18 years, saying the justice system is required to not impose an unduly harsh sentence. He said Mr. Leone's age, his lack of a criminal record and the fact that he pleaded guilty to spare his victims the trauma of testifying in court were factors in his sentence.
Mr. Leone, wearing a dark blue suit, showed no emotion as he stared straight ahead at the judge from the prisoner's box. His parents, sister and grandmother sat in the row behind him.
Mr. Leone pleaded guilty to 15 counts of aggravated sexual assault last April. Five of his victims, some of whom were present yesterday in court, are HIV-positive.
Windsor-Essex County Health Unit workers told Mr. Leone he was HIV-positive in 1997, seven years before his arrest in June of 2004.
The judge said he couldn't declare Mr. Leone a dangerous offender because the Crown did not prove beyond a reasonable doubt that he would commit similar offences in the future.
But Judge Quinn said Mr. Leone's punishment should send a strong message to others who engage in this type of risky behaviour that it will not be tolerated.
Mr. Leone will have to surrender a DNA sample and his name will be added to Ontario's sex-offender registry. He will be eligible for parole in six years.
In announcing his decision, the judge described Mr. Leone's encounters with each of the 15 women and read pieces of their victim-impact statements.
The court heard that Mr. Leone never disclosed he had a sexually transmitted disease despite being asked by some of the women.
One woman said he would remove the condom during sexual intercourse despite her objections. Another woman said she had blacked out one night and when she awoke, she was in pain and vomiting after Mr. Leone had anal sex with her. Mr. Leone never told her he was HIV-positive.
In their victim-impact statements, some of the woman spoke about not being able to have children, while others shared stories of anger, loss of self-esteem and depression.
"Every day, twice a day, I have to take pills in order to stay alive. I'm dead inside," the judge read from one of the statements.
Another said the drugs are costing her $1,700 a month and she knows her life has been shortened. "I am uncertain about what my future will be like," the statement read.
Mr. Leone's mother left the courthouse in tears. Her daughter and husband followed. None of them would comment.
Mr. Leone's lawyer, Andrew Bradie, told reporters outside the courtroom that he would not appeal the sentence. He said he was pleased his client wasn't declared a dangerous offender or a long-term offender.
The latter designation was also before the judge and would have placed Mr. Leone under community supervision for up to 10 years after his release from prison.
Mr. Bradie said the judge applied the "totality principal" where, regardless of the number of complainants and the prison time for each conviction, the judge has an obligation to consider the entire picture, including the age of the offender, lack of a prior record and the chance for rehabilitation. He said the judgment was "thoughtful."
Of his client, Mr. Bradie said: "To the extent that he accepted responsibility, accepted that he is ill, began taking the regimen of ... drugs that he's taking now, I think he's in a lot better place now than a year ago."
Outside the court, Allen Heimann, medical officer of health for the Windsor-Essex County Health Unit, declined to comment on the sentence, but said he hopes the case will send a message to others.
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