37 months for HIV exposure

An Attawapiskat band member has been sentenced to 37 months for aggravated assault for knowingly exposing her partner to human immunodeficiency virus (HIV) over a lengthy period of time.
June Amanda Tippeneskum, a 23-year-old Thunder Bay resident, plead guilty to aggravated assault against her partner Bruce Koostachin from June 1, 2009 to July 21, 2010 and was sentenced April 27 by Justice Dino DiGiuseppe in the Ontario Court of Justice in Thunder Bay.
The sentencing report noted that Tippeneskum had been aware of her HIV positive condition but she did not disclose this to Koostachin. It was only after the relationship was over that Koostachin became aware of Tippeneskum’s medical condition. Koostachin has since been tested and confirmed as HIV positive. He was not infected prior to his relationship with Tippeneskum.
Tippeneskum has been in continuous custody from Nov. 29 and her five months in pre-sentence custody were considered in her sentencing, with the justice noting 42 months was a fit sentence for aggravated assault.
DiGiuseppe noted in the sentencing report that Tippeneskum’s “relative youth and the systemic factors that may have contributed to her offending behaviour require that due consideration be given to the sentencing objective of rehabilitation.”
But DiGiuseppe also noted that “the aggravating factors I have identified cry out for a significant jail term. Koostachin’s life has been irrevocably altered. No sentence I impose will make him whole, or (change) the devastation visited upon him by Tippeneskum’s conduct.”
DiGiuseppe said the sentence must send a clear message to Tippeneskum and others that this type of conduct will carry significant consequences.
Koostachin’s victim impact statement expressed feelings of anger, sadness and fear as a result of Tippeneskum’s conduct.
Koostachin said his medical condition has resulted in rejection by family and friends and he feels shame at having been diagnosed with HIV. He is concerned about the related stigma and anxious about the stereotypical labelling by others.
Koostachin fears he will never be able to have a normal, intimate relationship with a woman and he is concerned he may not be able to father a child.
Koostachin also expressed concern over the trust Tippeneskum breached in maintaining their relationship without advising him of her medical condition.
The Crown had been seeking a five-to-seven year penitentiary sentence while the defence had been seeking a reformatory sentence and a probation term.