The High Court has ruled there is no evidence to suggest a man jailed in Queensland intentionally infected his former partner with HIV.

Zimbabwean-born Australian circus performer, Godfrey Zaburoni, was jailed for nine and a half years in 2013 by a jury in the state’s District Court of Queensland of deliberately transmitting the disease.

In a judgement summary this morning, the High Court upheld his appeal against the conviction and ordered the sentence be set aside.

The case has now been remitted back to Queensland’s District Court for re-sentencing.

Mr Zaburoni will now be re-sentenced on a lesser charge of “unlawfully doing grievous bodily harm to the complainant,” to which he has already pleaded guilty.

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