SOMBA K'E/YELLOWKNIFE - Sentencing of a Yellowknife man who broke a woman's jaw in two places last Christmas Eve has been delayed after defence counsel protested details in the woman's victim impact statement.

Edward Auger was in territorial court last Wednesday and has pleaded guilty to one charge of assault causing bodily harm in relation to the incident.

Defence counsel Stephen Shabala agreed with the facts of the assault, but took issue with the victim's statement, in which she wrote she experienced pain in her neck.

Shabala noted the victim has unrelated health issues.

"(Auger) is not responsible for the continued pain in the neck and the back," he said.

Crown prosecutor Terri Nguyen countered his argument, saying when the victim describes her pain she gestures to the neck and jaw area, where she was injured. Nguyen added the injuries from the assault have aggravated her pre-existing condition.

"She's entitled to write that in her victim impact statement – and I'm entitled to rely on her feelings," said Nguyen.

Judge Bernadette Schmaltz delayed sentencing to allow time for the victim to come forward and explain, in person, the effects of the assault injuries.

Nguyen is proceeding by indictment, which carries a maximum prison sentence of 10 years. She has not indicated what jail time she is seeking.

Auger assaulted the woman, an acquaintance, at about 7 p.m. on Dec. 24, 2008. She had arrived at his house with her common law partner that night. Auger had been drinking and became angry at the woman.

He punched her twice in the face, said Nguyen. She fell unconscious and her common law ran next door to call the police. What exactly made him turn violent wasn't explained in court.

When the victim regained consciousness, Auger told her he was "going to get his gun and shoot anybody that was around," said Nguyen.

Police arrived shortly after. They kicked the door in and arrested Auger, who later said he did not remember hurting the woman.

The victim spent a number of days in the hospital after the assault, but no surgery was required. The two fractures were not clean breaks, but rather shattered into a number of fragments, said Nguyen.

Auger, who has a criminal record, will next appear in court Oct. 23, at which time the victim is expected to appear to defend her impact statement.