ACT: Magistrate insists he will sentence HIV-positive prostitute

AAP General News (Australia)
04-21-2008
ACT: Magistrate insists he will sentence HIV-positive prostitute

CANBERRA, April 21 AAP - The magistrate responsible for sentencing a Canberra man who
worked as a prostitute despite knowing he was HIV-positive has refused to stand down from
the case.

Hector Scott, 41, from Kingston, pleaded guilty in the ACT Magistrates Court earlier
this year to providing a commercial sexual service while knowing he was infected with
a sexually-transmitted disease (STD) and failing to register as a sex worker.

But Scott's defence lawyer had asked Magistrate Shane Madden to disqualify himself
from sentencing Scott on the grounds of perceived bias.

The Director of Public Prosecutions had made an application that Scott be registered
as a child sex offender and an affidavit had been written in support of that application.

Scott's lawyer argued because Mr Madden had read the affidavit there could be a perception
he wouldn't bring an "independent mind" to his sentencing role.

But today Mr Madden said that wasn't the case.

"I don't intend to disqualify myself or stand down," Mr Madden said.

"I will apply my functions in a fair and equitable manner."

Scott is now expected to be sentenced on May 27.

AAP jcd/sb/jfm/mn

KEYWORD: SCOTT

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