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Sydney man who failed to disclose his HIV status to his partner has been jailed for four years

Martin Jaksic continued to have unprotected sex without telling his partner he was HIV-positive

2018-09-26

A man who repeatedly had unprotected sex with his lover without revealing he was HIV-positive has been jailed for four years.

Martin Peter Jaksic, from Sydney, was diagnosed with the virus in 2010 and was told a number of times about using condoms to avoid passing it on and, by law, he must tell all new sexual partners about his status.

Jaksic reportedly thought about taking legal action against the man he thought he had contracted HIV from but the doctor told him that the man had committed a crime if he knew he was infected.

He then began having unprotected sex with his lover – who believed they were in a “close and loving” monogamous relationship.

But Jaksic failed to disclose his HIV status and warn his partner of any risk or suggest they use protection.

Judge Peter Zahra told the court on Wednesday (September 25): “The offender’s conduct was a gross betrayal of trust and a contemptible and callous disregard for the victim’s life.

“At all times, (he) would have been aware of the grave risk of the victim suffering serious illness which had the potential to be life-threatening.

“The victim expresses despair that the transmission of HIV was completely preventable.

“The continuing effect of the harm caused to the victim is incalculable.”

His victim wrote in a statement that his injuries – which he described as “internal wounds and emotional struggles” – will “never heal”.

Jaksic – who pleaded guilty in March - said in a letter to the court that he had been in denial after being diagnosed and acknowledged that what he did was “cowardly and unthinkable”.

He was jailed for a maximum term of four years and six months, the Sydney Morning Herald reported.