David Summers, 26, of Malham Road, Rastrick, had sex with his victim after meeting him during a night at Manchester's gay scene last year.

Afterwards, his pick-up told him he was HIV positive.

Summers unleashed a savage beating, leaving his victim unconscious in his blood-spattered flat before taking property and driving off in his car.

The victim suffered bleeding to his brain as a result of the beating and has been left with permanent disabilities.

Summers, who had minor previous convictions for violence, was jailed for life, with a six-year minimum term, at Bolton Crown Court in July after admitting causing grievous bodily harm with intent.

But now judges at London's Criminal Appeal Court have overturned the life sentence after hearing arguments from Summers' barrister, James Ward, that his victim had "deceitfully exposed him to risk of infection with HIV."

Summers will, however, remain in jail.

Mr Ward told the court: "The victim knowingly concealed from him the fact that he had HIV and put this appellant at a direct risk from that disease.

"It was the deception that caused the appellant to react the way that he did.

"He said if he had known he was HIV positive he wouldn't have had any sex with him at all."

Mr Ward also argued that Summers only acted as he did under extreme provocation.

Lord Justice Richards, sitting with Mr Justice Openshaw and Judge Martin Stephens QC, allowed Summers' appeal and, after quashing his life sentence, instead imposed an indeterminate sentence of imprisonment for public protection. The judge said: "The victim had put him at a direct and very serious risk of contracting a terminal illness.

"When he realised he had slept with a man who was HIV positive he must have been shocked.

"But I cannot believe that any court would be properly discharging its public duty if it realistically could licence or permit an attack of this brutality."

Although the Crown Court judge had been right to condemn Summers as dangerous, Lord Justice Richards concluded:

"We don't consider this offence so serious to warrant a life sentence."