SOMBA K'E/YELLOWKNIFE - A man accused of striking a woman on a Yellowknife street in February was sentenced to five months in jail on Aug. 18.

Alex Rabesca, 57, testified in territorial court he had only had a little bit to drink on the morning of Feb. 7 when he was walking with a female friend. He said she was aggressive and "tugging on me" when he turned and made contact with her face.

Rabesca maintained he struck her with his palm in a shoving motion. But RCMP Sgt. Paul Moffatt, who witnessed the scene while off-duty, testified he was positive it was a punch.

Court heard from witnesses that the friend was "quite intoxicated" at the time, said Crown prosecutor Blair MacPherson.

Rabesca said he and the woman were at another friend's house that morning. He said she was already intoxicated, while he drank a small amount of vodka. They later left and were walking on the road while the female friend argued with him about going back. The altercation occurred shortly thereafter.

Defence lawyer Jay Bran argued Rabesca's clear testimony was not discredited sufficiently by the Crown and should be given substantial weight.

But Judge Robert Gorin disagreed, noting while no two witnesses had the same account of the altercation, Rabesca was the only one who said his strike was not a punch. Gorin added provocation is not a defence in such a case.

Rabesca was also found guilty of breaking a condition of his probation by failing to keep the peace.

He was sentenced to four months for the assault and one month for the breach of probation. He must also submit a DNA sample for a criminal registry.

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