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SOMBA K'E/YELLOWKNIFE - Judge Brian Bruser had a difficult time deciding what to do with a 20-year-old man convicted of breaking and entering into a liquor store in August.

Ultimately, Bruser allowed the man to avoid jail as long as he follows conditions.

The convicted man, who stole two 60-ounce Smirnoff vodka bottles in the incident, sat unresponsive in court earlier this month through much of his sentencing.

He also faced three breach of probation charges, put in place following several violent crimes, and one possession of stolen property charge, a cellphone.

Crown attorney Shannon Smallwood told the court the man had a history of such behaviour and had remained silent in numerous discussions with his probation officer.

"He seems very resistant, or reluctant, to participating in processes that might be of benefit to him," said Smallwood. "He is unwilling or unable to become involved in helping himself."

She added there have been some observations by people close to the man that he is mentally "deteriorating" and there is some suspicion, supported by the man's family, that he may have fetal alcohol spectrum disorder (FASD).

"You have spent your time (here) picking your fingernails," Bruser told the man. "What to do with you? This case is a most difficult one."

Bruser mused that jail may keep the man, who was described as "largely homeless," safe and fed in the cold weather, but added jail time shouldn't be used just for those purposes. Bruser also questioned what more jail time would achieve.

Defence lawyer Hugh Latimer agreed the young man seemed "somewhat preoccupied" or "inordinately withdrawn" and added "he does appear not to have learned his lesson yet."

During sentencing Bruser agreed the man had "significant mental issues."

"I'm not going to say what they are because this job does not involve guessing," he said.

So long as the man follows court-imposed conditions over the next year and a half, Bruser will not sentence him to jail. Those conditions include keeping the peace, being of good behaviour and regular visits with a probation officer.

Although Bruser wanted to include an assessment for FASD among those conditions, he acknowledged that he cannot force the man to get such an evaluation.