A sex offender is facing jail after he admitted having sex with a woman without telling her he is HIV positive.
James Defalco was obliged to tell anyone with whom he was in a relationship about his condition as a condition of a Sexual Offences Prevention Order (SOPO).
He broke the order over a 13 day period last September when he formed a relationship with a woman in South Devon at a time when he was living in Torbay.
Defalco was made subject of the SOPO in 2005 when he became one of the first people in Britain to be convicted of recklessly infecting someone with HIV.
At that time he was using his real name of Derek Hornett and was jailed for three and a half years for causing grievous bodily harm to the 82-year-old victim.
He has since served a further three years for breaching another condition of his SOPO which prohibits him from having any contact with anyone over the age of 60.
He was jailed again in 2013 for six months at Exeter for breaking the SOPO again by moving to Whitestone, near Exeter, and making friends with a 73-year-old neighbour and his family.
He is currently subject of a supervision order imposed by Torbay Magistrates in July last year for breaking the terms of the sex offenders register by taking a two week holiday in the Channel Islands without notifying police.
In his latest hearing Defalco appeared before Judge Francis Gilbert, QC, by video link from Channings Wood Prison near Newton Abbot to admit a fresh charge of breaching his SOPO.
Defalco, aged 54, formerly of Whitestone, near Exeter, but now of Mallard Close, Torquay, admitted engaging in a sexual relationship between September 12 and 25 last year without disclosing he was HIV positive.
The judge adjourned the case for sentence next week and warned Defalco he is likely to receive an immediate jail sentence.
