years. Mercer was released from prison in 2003. In 2003, Edward Kelly was charged, and convicted of knowingly exposing four women to HIV, and sentenced to three years in prison. In 2004, Jennifer Murphy became the first woman charged in Canada with failing to disclose her HIV status to a sexual partner. She spent one year under house arrest before the charge was withdrawn in 2007, mainly because she had insisted on condom use during the incident. On October 28, 2005, Canadian Football League player Trevis Smith was also charged with aggravated sexual assault for failing to disclose his HIV status to a sex partner. Smith was found guilty of aggravated sexual assault on February 8, 2007. On November 16, a court ruled that there was sufficient evidence for Johnson Aziga, whose case was first investigated, and publicized in 2004, to stand trial on two counts of first-degree murder after two of his former sexual partners died of AIDS. He was convicted, on April 4, 2009 of two counts of murder in the first degree, ten counts of aggravated sexual assault, and one count of attempted aggravated sexual assault. Analysts have also called attention to the racial aspects of the cases. Many of the cases of HIV transmission prosecuted to date have involved black men, as black men have disproportionately high rates of HIV. One notable scholarly paper on the Ssenyonga case, published in 2005, was titled African Immigrant Damnation Syndrome. R v Mabior, 2012 SCC 47 reflects the Supreme Court of Canada's most recent decision outlining criminal liability for serostatus nondisclosure. After being diagnosed with HIV in 2004, Clato Mabior underwent aggressive antiretroviral therapy, and was adhering to treatment at the time of pursuing sexual relations with multiple partners between 2004 and 2006. Despite intermittent condom use, HIV was never transmitted to his partners. Ultimately, the Court convicted Mr. Mabior with six counts of aggravated sexual assault. The Court's vague justification for serostatus disclosure under circumstances that lead to "significant risk of bodily harm" remained a particularly contentious issue in the aftermath of Cuerrier. Because Cuerrier did not expressly define "significant risk", lower courts inconsistently criminalized HIV-positive defendants based on varied interpretations of the clause. In large part, Mabior represents a response to Cuerrier, and an attempt to sharpen the criteria. In Mabior, the Court found that "significant risk of bodily harm is negated if (i) the accused’s viral