A Sydney man who repeatedly had unprotected sex with his lover, failing to reveal he was HIV positive, has been jailed for at least three years for infecting him with the virus.
"The offender's conduct was a gross betrayal of trust and a contemptible and callous disregard for the victim's life," said Judge Peter Zahra as he jailed Martin Peter Jaksic on Wednesday.
The 31-year-old pleaded guilty in the NSW District Court in March to recklessly causing grievous bodily harm to his then-partner more than six years ago.
Describing the offending as "of a most serious kind", the judge said Jaksic appeared to have been indifferent to the consequences of his behaviour,
After Jaksic was diagnosed with HIV in 2010, he was told on a number of occasions about using condoms to avoid passing the disease on and that, by law, he must inform all new sexual partners of his HIV status, the judge said.
Jaksic discussed taking legal action against the male he thought he had contracted HIV from, resulting in a doctor telling him that the man had committed a crime if he knew he was infected.
Jaksic later began having unprotected sex with his ultimate victim, who considered they were in a "close and loving" monogamous relationship.
But Jaksic didn't disclose his HIV status, warn him of any risk or suggest they use protection.
"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," Judge Zahra said.
In his victim impact statement, the man had described his injuries as "internal wounds and emotional struggles" which will "never heal".
He referred to his trust and commitment to Jaksic during their relationship but now saw him as someone who acted "dishonestly, callously and ruthlessly" towards him.
"The victim expresses despair that the transmission of HIV was completely preventable," the judge said.
"The continuing effect of the harm caused to the victim is incalculable."
In a letter to the court, Jaksic said he had been in denial after being diagnosed and acknowledged what he did to the victim was "cowardly and unthinkable".
But the judge also noted Jaksic told the author of a pre-sentence report he didn't feel responsible for the victim contracting HIV, referred to him as "shady" and did not display any victim empathy or remorse.
Jaksic was jailed for a maximum term of four years and six months.