Risks Transmitting HIV 6. All other prosecutions for common nuisance have involved sexual activity by HIV-positive persons. If the accused acts with the intent of endangering another's life, or causing bodily harm, the maximum penalty is 14 years' imprisonment. There are some difficulties with the use of this offence in HIV cases. Finally, a conviction requires that the accused act with the intent of endangering life or causing bodily harm.
Common assault carries a penalty of up to five years' imprisonment.
In some cases, an HIV-positive person has been charged for assaultive conduct, and their HIV infection has been considered an aggravating factor. The prosecution has argued that not disclosing HIV infection renders the partner's consent to the sex legally invalid, thus making the sexual encounter an assault. However, in its 1998 decision in the appeal of the Cuerrier case, the Supreme Court of Canada disagreed with this conclusion. Therefore, the HIV-positive person could be convicted of assault. Attempted Murder Attempting murder is an indictable offence carrying a maximum penalty of life imprisonment.