by P.J. Harston
Northern News Services

NNSL (DEC 11/96) - A Gjoa Haven man who beat a Yellowkife prison guard while awaiting court dates to deal with two other assaults received a rare sentence recently in territorial court.

Judge Thomas Davis, Crown lawyer Sandra Aitken, defence lawyer Brent Clute and the defendant all agreed to an eight-month total sentence followed by eight months of probation.

James Oogak, whom Gjoa Haven police first arrested and charged following two brutal assaults there in July, pleaded guilty to three assaults and one charge of entering a dwelling house in September.

While in custody, the court sent Oogak, 22, to Edmonton for a psychiatric assessment.

Court heard Oogak has a lengthy criminal record that includes 16 property-related convictions. However, both the Crown and defence were concerned that Oogak's actions in Gjoa Haven over a two-day period in July seemed "out of character" for the man who comes from a traditional family. "These were not common bar-room assaults," Clute told court.

Crown lawyer Sandra Aitken said, "Oogak just lost control."

During both July assaults, the victims received head injuries after Oogak punched and kicked them. They were also the result of Oogak's unsubstantiated belief that the victims had harmed a friend or relative.

The September jail guard assault at the Yellowknife Correctional Centre resulted in a guard being punched in the head and neck and his tooth being chipped. It happened during a "violent episode" while Oogak was on prescribed medication, court heard.

"The accused is 22 years old and has a long life yet to lead," Davis said in passing sentence. "It would be preferable he be released at an early time so he can participate fully in counselling rather than waste away in jail."

In addition to serving eight months in jail followed by probation, Oogak agreed to participate in alcohol, anger management and psychiatric counselling programs and take medical treatment.

He plans to continue with a traditional lifestyle when he is released from jail, said Clute. Oogak also expressed interest in upgrading his education and seeking employment.

"He has a genuine wish to go on the right road, demonstrated by his request for structure and counselling," said Clute.