Barrie’s Jennifer Murphy was sentenced to 39 months Friday for having unprotected casual sex without telling her partner she is HIV-positive.

Justice Gregory Mulligan accepted a joint submission from the defence and Crown, which will give the 40-year-old woman credit for 15 months she has already served while her case worked its way through the courts.

Justice Mulligan convicted her of one count of aggravated sexual assault Aug. 16 because she did not use a condom when she had sexual intercourse with a man in the back of his service van two years ago. She also did not warn the man that she was HIV-positive, the judge found.

The man did not contract the virus.

During her trial, court heard Murphy’s viral load was medically undetectable and she was extremely unlikely to infect her partners. However, the Supreme Court ruled last year that a person with an undetectable viral load must still inform a partner of their HIV status unless a condom is used.

Murphy will also face three years probation when she is released from prison and will be added the sex offender registry.

This is the second time Murphy has been sentenced on the same charge.

In 2005 she was convicted of failing to tell a soldier from CFB Borden about her condition, which was more severe at the time because of a much higher viral load. She was sentenced to one year of house arrest in that case.

The Crown had considered applying to have Murphy designated as a long-term or dangerous offender, which could have seen her face a longer jail term and severe restrictions once released.

But the idea was dropped after consulting with official with the Attorney General’s office.