The High Court has ruled there is no evidence to suggest a man who infected his former partner with HIV did so intentionally.

Godfrey Zaburoni admitted to infecting the woman and lying to her about his HIV status,but arguedit was not deliberate.

He was jailed for nine and a half years in 2013 after being convicted by a jury in Queensland of deliberately transmitting the disease.

The key question in the High Court challenge was whether the jury in Zaburoni’s trial could infer intent on the basis that he knew the prospect of infection was likely and had lied.

Today, the High Court found that other than the fact he engaged in frequent unprotected sex with the woman, there was no evidence to support the inference he intended to transmit the virus to her.

Zaburoni will be resentenced in Queensland’s District Court.

He is likely to be deported to Zimbabwe when his sentence ends.