[Update] UK: 26 year-old man loses appeal against conviction and sentence for intentional HIV exposure / transmission

 
Appeal lost

HIV hairdresser Daryll Rowe loses appeal against sentence

November 2, 2018
Source: Argus

A MAN found guilty of deliberately trying to infect 10 men with HIV has lost challenges against his conviction and sentence.

Hairdresser Daryll Rowe watched proceedings via video link from prison as leading judges rejected his appeal applications on Thursday.

Lady Justice Hallett, sitting with two other judges at the Court of Appeal in London, announced that the grounds presented on his behalf in relation to both conviction and sentence were “unarguable”.

Rowe, now 28, was sentenced to life with a minimum term of 12 years by a judge at Brighton Crown Court in April.

He became the first man in the country to be found guilty of intentionally setting out to spread the virus.

Felicity Gerry QC had argued on Rowe’s behalf during the appeal proceedings that a submission of “no case to answer” should have been accepted by the trial judge.

She said: “Our primary submissions are that the submission of no case to answer should have succeeded.

“That not having succeeded, the summing up was inadequate.”

But the prosecution argued that there was “no merit” in the “bold” submissions made on Rowe’s behalf.

Rowe was convicted of 10 charges – five of causing grievous bodily harm with intent and five of attempting to do so.

His victims cannot be identified for legal reasons and Lady Justice Hallett emphasised that nothing must be published which could lead to their identification.

At his trial, Rowe was accused of launching a deliberate campaign to infect gay men he met on a dating app after being diagnosed in April 2015 in his home city of Edinburgh.

He had sex with eight of them in Brighton, East Sussex, between October that year and February 2016, and later with two others in the North East.

Rowe told jurors he believed he had been cured of the virus by the time he moved to Brighton, having adopted the practice of drinking his own urine as a treatment, supplemented with natural remedies, including oregano, coconut and olive leaf oils.

Sentencing

Daryll Rowe jailed for deliberately trying to spread HIV in Scotland

May 4, 2018
Source: The Guardian
Hairdresser serving life sentence for similar crimes in England given further eight years

A hairdresser who tried to infect men with HIV has been jailed for eight years in Scotland.

Daryll Rowe, 27, intentionally had unprotected sex while fully aware he was carrying the virus. He admitted four counts of culpable and reckless conduct at the high court in Edinburgh on Friday.

Rowe, who is serving a life sentence for similar offences in England, was given an eight-year prison term at the Edinburgh court and placed on the sex offenders’ register for life.

Police Scotland said Rowe, who was diagnosed in April 2015, would meet men using online dating apps and enter into sexual relationships without disclosing his condition.

He would either refrain from wearing a condom, or tamper with it as he deliberately sought to infect others. He continued to commit similar offences in Edinburgh, north-east England and Sussex between October 2015 and December 2016.

Rowe was jailed for life last month for trying to infect 10 men in England after becoming the first man in the country to be found guilty of intentionally trying to spread HIV.

DCI Martin MacLean of Police Scotland said: “Daryll Rowe is a devious and deceptive predator who has shown absolutely no remorse for the extensive suffering and distress he has caused his victims.

“Since April 2015, he was fully aware of his illness yet refused treatment that would ensure his own health and safeguard his sexual partners from the risk of infection. To make matters worse, he would then knowingly engage in sexual activity with individuals he met without divulging his condition.

“Rowe would then go to great lengths to ensure he put partners at risk of contracting HIV, demonstrating the callous and reckless nature of his character. It is my sincere hope that all those affected by Daryll Rowe’s calculated criminality feel some sense of justice after today’s outcome.”

Sentencing

Man jailed for life after deliberately infecting others with HIV

April 18, 2018
Source: The Guardian

Daryll Rowe tried to infect 10 men, five of whom went on to test positive for the virus

A hairdresser has been handed a life sentence with a minimum term of 12 years at Brighton crown court after deliberately trying to infect 10 men with HIV.

Daryll Rowe, 27, from Brighton, showed no emotion as he was sentenced for five charges of causing grievous bodily harm with intent and five of attempting to do so.

After being diagnosed in April 2015 in his home city of Edinburgh, Rowe met men on gay dating app Grindr and had sex with eight of them in Brighton, East Sussex, between October that year and February 2016, before fleeing to the north-east where he went on the run from police, targeting two more men.

His six-week trial heard he embarked on a cynical and deliberate campaign to infect men with HIV, refusing treatment and ignoring advice from doctors.

He insisted on having unprotected sex with men, claiming he was “clean”. When they refused, he tampered with condoms, tricking them into thinking he was practising safe sex.

Afterwards Rowe would become aggressive and taunted some of the men in text messages. He repeatedly lied to authorities and would use aliases with his victims.

Judge Christine Henson QC, sentencing, referred to his crimes as a “determined hateful campaign of sly violence”.

“You are the first individual to be sentenced for section 18 offences in the context of infecting others with HIV,” she said.

“With the full knowledge of the risk you posed to others and the legal implications of engaging in risky sexual practices, you embarked on a deliberate campaign to infect other men with the HIV virus.

“Unfortunately for five of the men you met your campaign was successful.”

The judge added: “They describe living with a life sentence as a result of your cruel and senseless acts. Many of those men were young men in their 20s at the time they had the misfortune to meet you.

“Given the facts of this case and your permissive predatory behaviour I cannot see when you would no longer be a danger to gay men.

“In my judgment the offences, taken together, are so serious, that a life sentence is justified. You will potentially remain a danger to others for the rest of your life.”

Conviction

Hairdresser found guilty of trying to infect 10 Grindr dates with HIV

November 16, 2017
Source: The Guardian

Daryll Rowe convicted of five counts of grievous bodily harm with intent and five counts of attempting to do so

A hairdresser has been found guilty of deliberately infecting five men with HIV and trying to infect a further five after meeting them on the dating app Grindr.

Daryll Rowe, 27, was convicted of five counts of grievous bodily harm with intent, and a further five counts of attempted GBH, following a trial at Lewes crown court.

Jurors were shown evidence that Rowe had taunted his victims, texting one: “I have HIV. Lol. Whoops!”

The prosecution said Rowe went on a “campaign” in the Brighton area to infect as many men as possible during a four-month period from October 2015, and warned that there might be further victims.

The court heard that Rowe repeatedly sabotaged condoms, and then mocked victims saying that he was “riddled” with the virus after they raised concerns. One man said that Rowe was “laughing” when he called, adding: “Burn. I got you.”

Rowe was first arrested in February 2016, but denied that he was HIV positive in his first police interview. The police put out a public health warning, asking men who had had sex with a man matching Rowe’s description to contact the authorities.

Rowe then went on the run in November 2016, targeting two more men in the north-east while using a fake name. When he was finally arrested, he was found with a rucksack of sabotaged condoms.

The court heard that Rowe was aggressive and abusive towards his victims. In one incident, Rowe told an Aids and HIV charity worker, who was diagnosed after they were involved, that “moaning” would not cure him.

The charity worker had never had unprotected sex and was taking tests every six months. He described the news of his diagnosis as like being “hit by a bus”, adding: “You feel like your life is over. You feel like you should go to a high place and jump.”

One victim said that he had believed that Rowe was his boyfriend, but that the hairdresser had become increasingly abusive and possessive over the course of the relationship.

Rowe looked after him when the younger man was first diagnosed, but sent abusive messages after they broke up, including: “You’re a f****** psychopath, you’re afraid of your own shadow. I can do much better than you. I’m way, way out of your league.”

Another text said: “No-one will ever love you.”

Originally from Edinburgh, Rowe was diagnosed with the virus in April 2015. Doctors became concerned when he stopped turning up to appointments and refused antiretroviral treatment, which would have made him less contagious.

Rowe had been warned that he could be prosecuted for passing on the virus, and prosecutors said that the explicit messages to his victims showed a detailed knowledge of the disease and its treatments.

The court heard that several victims were infected with a very similar HIV strain to that carried by Rowe, making it highly likely he was the source of the virus.

Over the course of the trial, Rowe denied deliberately infecting the men, but the jury of seven women and five men returned the verdicts after 18 hours of deliberating.

Rowe said that he thought he had cured himself of HIV after taking a variety of non-traditional medication, including “urine therapy”.

Rowe, who cried in the dock, said: “I never had in my mind before, during or after any of the sex that I wanted to pass on HIV to anybody.”

He said he did not remember the text saying: “I have HIV”.

Caroline Carberry QC, prosecuting, said it was “convenient” he could not remember sending the “damning text” and branded him a “comfortable liar”.

Trial

Man with HIV tried to infect partners he met on Grindr, court told

October 6, 2017
Source: The Guardian
Daryll Rowe allegedly sent mocking text messages telling partners in Brighton he was HIV positive and they could be at risk

A hairdresser deliberately tried to infect his lovers with HIV after meeting them on Grindr, a court has heard.

Daryll Rowe, 26, is accused of insisting on unprotected sex with his partners, claiming to be free of the virus, and of tampering with the condom when they insisted he used them.

He later sent mocking text messages telling his partners he was HIV positive and that they could be at risk, Lewes crown court heard.

One received a text saying: “Maybe you have the fever. I came inside you and I have HIV LOL. Oops!”

Rowe, who is originally from Edinburgh, is charged with infecting four men with the virus and attempting to infect a further six between October 2015 and December 2016.

He was living and working in the Brighton area at the time of the alleged offences. Rowe denies the charges.

The prosecutor Caroline Carberry QC described his alleged crimes as “a cynical and deliberate campaign to infect other men with HIV”.

Rowe was diagnosed with HIV in April 2015 while he was living in Edinburgh, after a sexual health clinic contacted him to tell him a former partner had the virus.

Doctors found he was coping well with his diagnosis, Carberry told the court, but they were concerned when he refused vaccination for common illnesses to which HIV-positive patients are susceptible, such as pneumonia.

They were also worried when he refused antiretroviral drugs that can slow the development of the virus and make those infected less contagious, jurors heard.

“He was warned he could be prosecuted for passing [HIV] on or even putting someone at risk of contracting HIV from him,” Carberry said. “He told his doctors he was not going to engage in any unprotected sex again, but failed to attend further appointments in Edinburgh and by this time he had moved to Brighton.

“He had no obvious family or other connections in the area, although he had been in communication online on a dating app, Grindr, with a number of men. Through Grindr, the prosecution say, he was in contact with men that he would later go on to infect or attempt to affect with HIV.”

The court heard that one of the complainants last tested negative for HIV on the morning he met Rowe, in October 2015, and he did not have sex again before he was diagnosed with the virus two months later.

In a phone call to another partner, who had insisted he use a condom, Rowe allegedly said: “I ripped the condom. You’re so stupid. You didn’t even know.”

Another man had only had one sexual partner before Rowe and considered him to be his boyfriend, the court heard.

The judge Christine Henson has granted all victims the right to lifelong anonymity and the option to give evidence from behind a screen so they will not have to face Rowe in court.

After two complainants came forward, Sussex police launched Operation Brickhill and a community-wide public health warning in the Brighton area to look for further possible victims.

The trial continues and is expected to last six weeks.

Trial

Ten lovers accuse hairdresser of infecting them with HIV

September 18, 2017
Source: The Argus

The number of men accusing a hairdresser of deliberately infecting them with HIV has risen.

Daryll Rowe will now stand trial facing allegations lodged by ten lovers.

The number of charges against the 26-year-old, from Edinburgh, has increased while his case is being prepared for trial in October.

Rowe, who is HIV positive, denies all the charges against him of grevious bodily harm and attempted grievous bodily harm.

He was investigated after claims he tampered with contraception while having sex with the men in Brighton between October 2015 and January last year.

Last week Judge Christine Henson granted a further court order awarding all the alleged victims lifetime anonymity.

This bans the press, and anyone posting on social media, from naming them.

The Crown Prosecution Service had to apply for the order to be made because alleged victims of GBH are not awarded automatic anonymity as the crime is not covered by restrictions under sexual offences laws.

The defence team objected to an application for the men to give evidence from behind a screen or on camera for their protection but the application was granted.

The court heard Rowe is remanded in custody in Scotland but will be moved to Lewes.

Trial

Man with HIV denies deliberately infecting sexual partners in Brighton

February 8, 2017
Source: Brighton and Hove News

A man with HIV has denied deliberately infecting his sexual partners in the Brighton area, a court was told.

Daryll Rowe, 26, of no fixed address, pleaded not guilty when he appeared via video link at Lewes Crown Court on Monday (6 February).

Sussex Police said: “A man charged with four counts of grievous bodily harm and four counts of attempted grievous bodily harm by deliberately infecting his victims with HIV in the Brighton area has pleaded not guilty.”

Rowe was remanded in custody to appear for trial at Lewes Crown Court on Monday 5 June.

Sussex Police added: “Anyone who thinks they may have had a sexual encounter with this man is urged to come forward and anyone with concerns is encouraged to contact their local sexual health services.”

Arrest

Officers hunt man at centre of HIV infection inquiry

November 23, 2016
Source: The Argus

A MAN arrested on suspicion of deliberately infecting his male lovers with HIV is wanted by police after failing to answer bail.

Daryll Rowe, 25, of Edinburgh, is alleged to have put men at risk of HIV and other sexually transmitted diseases by deliberately tampering with condoms. He was arrested in Brighton on February 5 on suspicion of causing grievous bodily harm with intent.

He was released on bail by Sussex Police until April 5 before being re-bailed twice until May and then until last Friday.

He is now aged 26 and has no fixed address.

Last night a force spokeswoman said officers did not know his whereabouts but were “pursuing all lines of enquiry” in a bid to find him.

She said: “Police officers are looking for a 26-year-old man, who was arrested in Brighton on suspicion of deliberately infecting men with HIV in February this year, after he failed to answer bail on Friday.

“A warrant is not necessary for him to be arrested when found. We are actively working with other police forces to locate him and are pursuing all lines of enquiry.

“The man has bail conditions not to come to Brighton and we do not believe he is in Sussex.”

At the time of his arrest, two potential victims had spoken to officers.

Another man came forward after press coverage of the police appeal and a public health warning issued by both Brighton and Hove City Council’s director of public health and Sussex Police on February 23.

Officials urged anyone who may have been sexually involved with the man between October last year and mid February to seek health advice.

But neither the council or police provided his name and only identified him as being a Scottish-accented man in his twenties.

The Argus confirmed his identity with officials in his native Scotland and revealed his name after the police force said it was unable legally to do so.

This newspaper has pictures of the man but has chosen not to release them in case there was potential risk of prejudicing the police investigation.

Anyone with information or who thinks they may have had a sexual encounter with the man should call police on 101 or email 101@sussex.pnn.police.uk quoting Operation Brickhill.

Quote

“Our investigation in to allegations that a man deliberately sabotaged safe sex practices with other men, exposing them to the risk of HIV and other sexual infection, is ongoing. We continue to work closely with Brighton and Hove City Council, Public Health England and sexual health services throughout the city to ensure individuals at risk have access to early diagnosis and treatment and have the opportunity to discuss their circumstances with officers should they chose to.” – Detective inspector Andy Wolstenholme speaking at the time of the arrest

Arrest

Man accused of deliberately infecting other men with HIV is re-bailed

April 8, 2016
Source: The Argus

A MAN arrested on suspicion of deliberately infecting other men with HIV has been re-bailed.

Daryll Rowe, 25, from Edinburgh, was arrested on February 5 on suspicion of causing grievous bodily harm with intent.

He was on bail until Tuesday but police said he has been re-bailed until May while inquiries continue.

Detective inspector Andy Wolstenholme said: “Our investigation in to allegations that a man deliberately sabotaged safe sex practices with other men, exposing them to the risk of HIV and other sexual infection, is ongoing.

“We continue to work closely with Brighton and Hove City Council, Public Health England and partners in sexual health services throughout the city to ensure that individuals at risk have access to early diagnosis and treatment and have the opportunity to discuss their circumstances with officers should they chose to.”

Charged

Man Charged With Rape And Possible Transmission Of HIV To Men In Edinburgh

February 26, 2016
Source: Buzzfeed

A 25-year-old man has appeared in court in Edinburgh charged with a string of offences relating to the possible transmission of HIV to several other men, BuzzFeed News can reveal.

Daryll Rowe faces 10 charges: four counts of rape and six of assault, all of which relate to events that are alleged to have taken place in Edinburgh in 2015.

The rape charges denote that on each occasion consent for sex was given on the condition that a condom was used, and because it was allegedly not – and, according to prosecutors, unbeknown to Rowe’s sexual partners – it constitutes sexual intercourse by deception. This comes under the offence of rape in Scots law (Section 1 of the Sexual Offences (Scotland) Act 2009), according to the charges.

The assault charges allege that Rowe had unprotected sex knowing he was HIV-positive and that the act carried a risk of transmitting the virus, and that he did not disclose his HIV status prior to sex taking place. This happened on six occasions with five different men, according to the prosecution.

Four of those men were the same as those named in the rape charges. Their identities and anonymity are protected in law.

Rowe first came before the Edinburgh sheriff court on 10 February. He did not enter a plea. Rowe was remanded in custody before a second court appearance – what is known as the “Full Committal” – on 18 February, at which he did not enter a plea and was released on bail.

His arrest follows a six-month investigation by police in the Scottish capital.

Other

Public Health Alert Issued For Brighton

February 23, 2016
Source: Juice Brighton

Sussex Police is investigating reports that a man has been intentionally putting sexual partners at risk of HIV and other sexually transmitted diseases by deliberately sabotaging safe sex practices.

This is believed to have taken place in Brighton between October last year and February 2016. The man is in his 20s and has a Scottish accent. The suspect has been arrested on suspicion of causing grievous bodily harm with intent and is currently on police bail.

Police and the Director of Public Health for Brighton and Hove are encouraging men who think they may have had sexual contact with the man described to contact sexual health support services.

The police are appealing for anyone who thinks they may have had a sexual encounter with this man to come forward so that any relevant information can be investigated. Anyone who wishes to report a concern can email 101@sussex.pnn.police.uk or call 101 quoting Operation Brickhill.

Dr Tom Scanlon, Director of Public Health for Brighton and Hove said:

“We are working closely with the police, Public Health England and our partners in sexual health services on this matter. I would encourage anyone with concerns relating to this individual to contact their local sexual health services.”

Brighton and Hove City Council have issued a Public Health Alert. A statment on their website reads:

“Please be aware of a recent serious concern about HIV transmission in Brighton & Hove.

It has come to the attention of local services that a man may have recently passed on HIV through unprotected sex, after deliberately interfering with condoms and falsely reassuring partners that they were practising safe sex. The alleged incidents are reported to have occurred between October 2015 and mid February 2016.

Sussex Police are investigating this matter. The man is in his twenties and has a Scottish accent. He has recently been released on bail in Scotland in relation to other matters.

I am therefore asking any man who may have had sexual contact with a man of this description between October 2015 and mid February 2016 to contact local sexual health services. Service providers will be able to offer advice on whether further testing is required.

HIV is a serious condition, and there are other sexually transmitted infections which can be acquired during unsafe sex. Early diagnosis and treatments are available and the message of safe sex with the clear and consistent use of condoms remains as strong as ever.

The Claude Nicol Centre and Terrence Higgins Trust are supporting Public Health.”

If you think that you may have had sexual contact with the person described, please ring either of the telephone numbers below during working hours.

Information on sexual health can be found online here, and appointments for screenings can be made by calling The Claude Nicol Centre above.

Alternatively the Terrence Higgins Trust operate a ‘fast test’ service at their Brighton offices or at The Brighton Sauna.

Charged

A hairdresser accused of deliberately infecting a string of male lovers with HIV will appear in court

January 23, 2017
Source: Ardossan & Saltcoats Herald

A hairdresser accused of deliberately infecting a string of male lovers with HIV will appear in court.

Daryll Rowe, 26, of no fixed address but previously from Edinburgh, will appear via videolink at a plea and trial preparation hearing at Lewes Crown Court in East Sussex.

Rowe appeared at Newcastle Crown Court on Boxing Day charged with seven counts of causing grievous bodily harm (GBH) and one count of attempted GBH.

Prosecutors said at the hearing that Rowe was HIV positive and the offences were said to have involved him sleeping with alleged victims between October 2015 and January 31 last year.

Rowe is in custody.

Charged

Male hairdresser charged with deliberately infecting men with HIV after five weeks on the run

December 25, 2016
Source: Telegraph

A male hairdresser has been charged with deliberately infecting other men with HIV after spending five weeks on the run.

Scottish-born Daryll Rowe, 26, of no fixed address, was arrested in Brighton  following the allegations earlier this year, but failed to answer bail in November.

He was subsequently arrested in Wallsend, North Tyneside, after a  joint operation by Northumbria Police, Police Scotland and Sussex  Police.

He has now been charged with eight counts of causing grievous  bodily harm and one count of attempting to cause grievous bodily harm.

Police have urged anyone who may have had a sexual encounter with him to come forwards and to seek medical advice.

His mother Michelle, from Edinburgh, had previously asked him to give himself up.  “We just want to know he’s safe. He needs to come back,” she said.

Northumbria Police said: “Anyone who thinks they may have had a  sexual encounter with this man is urged to come forward and anyone with  concerns is encouraged to contact their local sexual health services.”

Rowe has been remanded in custody and is due to appear at Newcastle Crown Court this week.