Circus performer jailed for infecting girlfriend with HIV wins High Court appeal

HIV advocacy groups have welcomed a High Court of Australia decision to quash the sentence of a circus acrobat convicted of intentionally infecting his girlfriend.

Gold coast resident Godfrey Zaburoni, 37, was sentenced to nine-and-a-half years in jail in 2013 after becoming only the second person in Queensland to be convicted of the charge.

But the High Court on Wednesday upheld his appeal against the conviction, ruling there was no evidence Zaburoni intended to infect the woman with the disease.

HIV advocates say the ruling would help HIV advocates in their quest to improve the way these cases are prosecuted.

"Police, lawyers and the judiciary need to recognise that the issues around transmission of HIV and intent are unique and a standard criminal law approach cannot be taken," the HIV/AIDS Legal Centre, Australian Federation of AIDS Organisations and National Association of People with HIV Australia said in a joint statement.

"Advocates can also learn what information must be provided to defence lawyers regarding reasons for HIV non-disclosure, and what may be presented to a court to refute the assumption that non-disclosure in and of itself may equate to intentional transmission of HIV.

Alexandra Stratigos from The HIV/AIDS Legal Centre said the organisation agreed to help Zaburoni with his case because the implications would be wide-ranging.

"The case will resolve unanswered questions and expose the problems with transmission of HIV being dealt with under criminal law instead of under public health laws,'' she said.

Zaburoni, 37, was sentenced to nine-and-a-half years' jail in April 2013 after a Southport District Court jury found he intentionally infected his girlfriend with the infectious disease.

The Gold Coast acrobat appealed the decision in Queensland's Court of Appeal, but the matter was dismissed and he then received special leave to make his case in the High Court of Australia.

Zaburoni will now be resentenced in the District Court of Queensland for one charge of unlawfully causing grievous bodily harm, for which he has already pleaded guilty.

He faces a maximum term of imprisonment of 14 years.