Judge Jonathan Lowen, who gave the verdict, expressed that James had not been honest to his partner about the imminent risks. James had been aware of his HIV status for seven months and yet he had taken the nasty route of keeping his partner in the dark. The partner got wind of the information from a common friend, but James quickly denied it when confronted. So the gay couple continued to engage in unprotected sex.
The partner realized the deceit only after he tested HIV positive, and consumed with rage, informed the police.