A Dundee man who had unprotected sex with four women while fully aware he was HIV positive has had his jail sentence cut by appeal judges.
Mark Devereaux (42) was described as “cruel, callous, irresponsible and selfish” when he was sentenced to 10 years imprisonment by Lord Pentland at the High Court in Dumbarton in February.
But at the Court of Criminal Appeal in Edinburgh, Lord Osborne, sitting with Lord Kingarth, ruled the sentence was excessive and reduced it to eight years.
Devereaux, who had been living in Ann Street, Dundee, had previously admitted four charges of culpably and recklessly having unprotected sex with four women, who cannot be identified for legal reasons, between 2003 and 2008 without telling them of the risks.
One of the women had developed the virus, while tests carried out on the other three were negative.In denialDevereaux, who worked as a chef, had been told he was HIV positive in 1994 but claimed to have been “in denial” about the infection.
His actions came to light when he moved to Stonehaven to work on the oil rigs.
A medical report stating he had HIV was sent to his home and his then partner opened it accidentally.
It emerged in court that the 28-year-old woman later discovered she had contracted the infection and had to take the “heartbreaking” decision to terminate the twin babies she was expecting by Devereaux.
Another of the victims, who still lives in the Dundee area, has described his behaviour as “evil and despicable” and said he had betrayed her trust.
The woman, who escaped infection, said, “We had been trying for a baby after seeing each other for a long time and I wasn’t aware that he was putting my health at risk.
“He was my partner and, at that time, I trusted him.
“Never in my worst nightmares could I have imagined him keeping something like the fact he was HIV positive from me.”
Lord Pentland sentenced Devereaux to 10 years in February.DeceivedHe said, “It seems to me that you callously and cruelly betrayed the trust placed in you by each of your partners and that you deceived them for your own self-centred reasons each of your victims has been devastated by these events.
“The person whom you infected will have to live for the remainder of her life with the knowledge that she now has the virus she will require to have regular medical treatment and to take regular medication.
“She may suffer further consequences and must live with the uncertainty of that hanging over her.
“The charge in relation to her includes the serious aggravation that her life has been endangered.
“The others have all suffered great distress and anxiety on learning the truth about you and your deceitful and reprehensible conduct towards them.”
However, the appeal judges decided yesterday that Devereaux should only have been jailed for eight years, a tariff which includes a discount of one-third for an early admission of guilt.