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Herpes conviction stands after man “recklessly” infects woman (9 May 2014)

Date: 09/05/2014
Duncan Lewis, Legal News Solicitors, Herpes conviction stands after man “recklessly” infects woman

A man sentenced to 14 months in jail for infecting a woman with the herpes virus has lost his appeal against the conviction, but received a shorter sentence at the Appeal Court because he had already been held in custody before launching the appeal.

In July 2011, David Golding, 31, from Braunston in Northamptonshire pleaded guilty to inflicting grievous bodily harm on the woman, who later went on to test positive for the herpes virus.

On Thursday (08/05/14), the Court of Appeal rejected Golding’s appeal against conviction but reduced his sentence to three months.

Lord Justice Treacy told the court that Golding had based the appeal against his conviction on “a procedural deficiency on the part of the Crown Prosecution Service, fresh medical evidence as to the herpes infection, the adequacy of legal advice given to him – and the effectiveness of his guilty plea".

However, the court ruled that there was nothing in the fresh evidence presented which called into question “the safety of the admissions made by the appellant through his plea”.

The court heard that the woman Golding infected now had to live with herpes and had suffered more than one outbreak of the virus, which is characterised by painful sores.

Lord Justice Treacy told the court that at the time Golding was sentenced, a 14-month term “was justified”.

However, he and two colleagues sitting at the Appeal Court ruled that, because of the length of time Golding had waited for his appeal to be heard, the court had “exceptionally” concluded that the sentence should be reduced to three months.

Golding spent time in custody after his conviction and sentencing, but was released on bail after launching his appeal at Northampton Crown Court. He was released after the Appeal Court hearing.

The court heard that previously Golding was of good character – and had infected the woman with herpes “recklessly” rather than “deliberately”.

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