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A New sentencing hearing has been ordered for a HIV-positive man convicted of not disclosing his health status to his sex partners.

Clato Mabior was convicted in 2008 of six counts of aggravated assault and other charges and sentenced to 14 years in prison.

Mabior appealed his conviction, arguing his “viral load” was so low his sex partners were at no significant risk of infection.

In a decision released Friday, the Manitoba Court of Appeal said the sentencing judged erred in ruling that both an undetectable viral load and the use of a condom are required to escape criminal liability.

“The Supreme Court of Canada has held that there must be a significant risk of the transmission of the virus before criminal sanctions will attach to lack of disclosure,” wrote Justice Freda Steel.


The appeal court ordered that Mabior have a new sentencing hearing on the charges for which he has been convicted.

“The focus of the accused’s appeal was on the question of ‘significant risk’ and its application to the medical evidence,” Steel wrote. “No argument was directed to the question of whether a charge of aggravated sexual assault was appropriate in this type of case. Given the absence of legal argument, it would be appropriate to rule on that issue.”

One of Mabior’s six victims was 12 years old at the time of the offences and three were 17. None of his victims have been diagnosed with HIV.

Defence lawyer Ian MacNair said Mabior used a condom every time he had sex with two of the victims.

At the time of Mabior’s March 2006 arrest, police believed as many as 45 girls and women might have been victimized by him. He stood trial in relation to 11 alleged victims.

Prior to his arrest, the Winnipeg Regional Health Authority issued a public warning Mabior was defying medical advice about his HIV and knowingly having sex with unsuspecting partners.

Police said they believed Mabior had been luring runaways to his Sherbrook Street home with the promise of intoxicants and a place to stay. At his trial, court heard Mabior plied some of his victims with alcohol and drugs.

Mabior is from Sudan and is expected to be deported once he has served his sentence.