NNSL (Jan 10/97) - An unwritten sentencing guideline commonly referred to as the "jump principle" doesn't wash in Northern courts, says territorial court Judge Michel Bourassa.

His comments came during a trial and sentencing hearing Tuesday into drunk driving, driving without a licence and assault charges laid last month against an Alberta man who has been living in Dettah since last spring.

The principle is commonly brought up by defence lawyers during sentencing hearings in Yellowknife's territorial court.

In Tuesday's case, Crown lawyer Scott Cooper suggested the man be jailed for nine months.

Lawyer Brent Clute argued his client should receive less than six months for his fifth drunk-driving conviction.

Clute argued that because the man's most recent drunk-driving sentence was three months in jail, nine months would be too big a jump for the court to take.

"To my knowledge, that principle has never been accepted by the territorial court," said Bourassa.

He suggested that if such a principal were accepted, it would tie the courts hands in certain sentencing situations.

"The court cannot be bound by a person's first conviction," said Bourassa.

He also suggested that if that were the case, an accused who received a "last chance" sentence -- a relatively short sentence compared to his most recent previous sentence -- couldn't receive a harsher sentence if he committed further crimes.

Bourassa sentenced the man to a total of 15 months in jail for the three convictions.