An Auckland man accused of infecting another man with HIV has had charges against him thrown out.
The defendant, in his 40s, was due to go to trial at Auckland District Court this week on one count of causing grievous bodily harm with reckless disregard and one of committing a criminal nuisance by doing an unlawful act.
If found guilty, he could have faced up to seven years in prison.
But a recent application to have the charges dismissed by his lawyer Lincoln Burns was granted by the court after the Crown could not come up with the documentary evidence needed to support its case.
At a hearing last year there were discussions regarding prosecutors' problems in trying to obtain waivers so seven other parties' medical files could be disclosed to the defence.