Carl Leone
Encyclopedia
Carl Desmond Leone is a Canadian
businessman from Windsor
, Ontario
. Leone was jailed after pleading guilty in a Windsor court to 15 counts of aggravated sexual assault
for not informing his sexual partners of his positive HIV
status. It is believed he has been charged with exposing more women to the AIDS
-causing virus than anyone in Canadian history.
In 1997, Leone was told by Windsor Essex County Health Unit workers that he was HIV-positive. Seven years later on June 6, 2004, he was arrested. On June 10, police issued a public safety advisory that resulted in more than 100 people seeking HIV tests for having been a partner of Leone or possibly being linked to him. Under Canadian criminal law
, people knowing they are HIV positive have a legal duty to disclose their HIV status before engaging in behaviors that put another person at significant risk of serious bodily harm. This is the result of the 1998 ruling by the Supreme Court of Canada
(R. v. Cuerrier
) stating that a partner cannot truly give informed consent if the other fails to disclose their HIV status.
Complainants said they would not have been Leone's partner had he been truthful about his status. Six of the 22 complainants tested positive for HIV (three of them learned of their condition after his arrest) with the same rare strain that Leone was infected with. The strain is extremely rare in Canada, and the number of local cases represented an unusually high concentration for the country and constituted a public health issue for the Public Health Agency of Canada
. Dr. Paul Sandstrom, director of the National HIV & Retrovirology Laboratories, testified that “Windsor cluster” was unique in North America because it is a different HIV strain infection than the one that began spreading across North America in the early-1980s and is more commonly found in Southeast Asia.
Initially, Leone was refused bail but turned to well-known criminal defence lawyer Edward Greenspan
who successfully appealed the decision. Leone was released after posting bail of nearly C$800,000.
By the time of the trial, Leone was represented by Andrew Bradie. On April 27, 2007, prior to any of the complainants testifying, Leone agreed to plead guilty. The agreement spared the complainants the experience of testifying and also marked the first time he publicly acknowledged his HIV-positive status.
On October 23, 2007, The Attorney General of Ontario
deputy approved the Crown attorney
's motion to pursue a Dangerous offender
designation for Leone. Under the Criminal Code of Canada
, a person designated a dangerous offender may be indefinitely incarcerated so that they do not get released into society if there is a fear they may re-offend due to their violent tendencies.
Leone was sentenced to 18 years in prison in April 2008, with eligibility for parole in six years. The judge said he was unable to designate him a dangerous offender because there was insufficient evidence that he would commit similar offences if released.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
businessman from Windsor
Windsor, Ontario
Windsor is the southernmost city in Canada and is located in Southwestern Ontario at the western end of the heavily populated Quebec City – Windsor Corridor. It is within Essex County, Ontario, although administratively separated from the county government. Separated by the Detroit River, Windsor...
, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
. Leone was jailed after pleading guilty in a Windsor court to 15 counts of aggravated sexual assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
for not informing his sexual partners of his positive HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
status. It is believed he has been charged with exposing more women to the AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
-causing virus than anyone in Canadian history.
In 1997, Leone was told by Windsor Essex County Health Unit workers that he was HIV-positive. Seven years later on June 6, 2004, he was arrested. On June 10, police issued a public safety advisory that resulted in more than 100 people seeking HIV tests for having been a partner of Leone or possibly being linked to him. Under Canadian criminal law
Criminal law in Canada
The criminal law of Canada is under the exclusive legislative jurisdiction of the federal government. The power to enact criminal law is derived from section 91 of the Constitution Act, 1867...
, people knowing they are HIV positive have a legal duty to disclose their HIV status before engaging in behaviors that put another person at significant risk of serious bodily harm. This is the result of the 1998 ruling by the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
(R. v. Cuerrier
R. v. Cuerrier
R. v. Cuerrier was a 1998 decision by the Supreme Court of Canada, which ruled that knowingly exposing a sexual partner to HIV constitutes a prosecutable crime under Canadian law.-Background:...
) stating that a partner cannot truly give informed consent if the other fails to disclose their HIV status.
Complainants said they would not have been Leone's partner had he been truthful about his status. Six of the 22 complainants tested positive for HIV (three of them learned of their condition after his arrest) with the same rare strain that Leone was infected with. The strain is extremely rare in Canada, and the number of local cases represented an unusually high concentration for the country and constituted a public health issue for the Public Health Agency of Canada
Public Health Agency of Canada
The Public Health Agency of Canada is an agency of the Government of Canada that is responsible for public health, emergency preparedness, and response and infectious and chronic disease control and prevention...
. Dr. Paul Sandstrom, director of the National HIV & Retrovirology Laboratories, testified that “Windsor cluster” was unique in North America because it is a different HIV strain infection than the one that began spreading across North America in the early-1980s and is more commonly found in Southeast Asia.
Initially, Leone was refused bail but turned to well-known criminal defence lawyer Edward Greenspan
Edward Greenspan
Edward Leonard Greenspan, QC is a Canadian lawyer and prolific author of legal volumes. He is one of the most famous defence lawyers in Canada, owing to several high-profile clients and to his national exposure on the popular Canadian Broadcasting Corporation radio series, The Scales of Justice .A...
who successfully appealed the decision. Leone was released after posting bail of nearly C$800,000.
By the time of the trial, Leone was represented by Andrew Bradie. On April 27, 2007, prior to any of the complainants testifying, Leone agreed to plead guilty. The agreement spared the complainants the experience of testifying and also marked the first time he publicly acknowledged his HIV-positive status.
On October 23, 2007, The Attorney General of Ontario
Attorney General of Ontario
The Attorney General of Ontario is a senior member of the Executive Council of Ontario and governs the Ministry of the Attorney General of Ontario - the department responsible for the oversight of the justice system within the province. The Attorney General is an elected Member of Provincial...
deputy approved the Crown attorney
Crown attorney
Crown Attorneys or Crown Counsel are the prosecutors in the legal system of Canada.Crown Attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code of Canada...
's motion to pursue a Dangerous offender
Dangerous offender
In Canada and England and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of preventive detention in order to protect the public.-Canada:...
designation for Leone. Under the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, a person designated a dangerous offender may be indefinitely incarcerated so that they do not get released into society if there is a fear they may re-offend due to their violent tendencies.
Leone was sentenced to 18 years in prison in April 2008, with eligibility for parole in six years. The judge said he was unable to designate him a dangerous offender because there was insufficient evidence that he would commit similar offences if released.