NNSL (Feb 19/99) - A Yellowknife man who spat at police and said he was infected with the AIDS virus after being arrested for impaired driving was sentenced to two months imprisonment in territorial court on Tuesday.

"The police have to deal with a lot of violent people, and this sentence has to send a message that police don't have to tolerate this kind of treatment," Justice Robert Halifax told the accused, who had pleaded guilty to impaired driving and assaulting a peace officer.

Through his lawyer, the 33-year-old man said he had no recollection of the events of Dec. 10. Crown attorney Sandra Aitken said the man was arrested at Yk Motors, where an attendant had noticed his condition and called police. A blood-alcohol reading showed the man had 240 milligrams of alcohol per litre of blood, or almost three times the legal limit. It was upon being brought to the detachment that the accused became violent and spat at the officer.

In handing down the sentence, which included a year's driving prohibition, Halifax said he took into account the fact that the events took place on a weekday morning, when Yellowknifers were on their way to work. Halifax disregarded defence counsel Andy Mahar's request that the sentence be served intermittently to allow the accused to return to work at the BHP diamond mine site.

"This situation is not appropriate for an intermittent sentence," said Halifax, "The court has a limited tolerance for actions that endanger the public."

Banking on empty

A Yellowknife woman who lent her daughter the use of her Royal Bank of Canada bank account and card lived to regret her generosity last July when she found the account overdrawn and frozen shortly afterward.

But the case saw some closure in territorial court Tuesday when a 30-year-old man pleaded guilty and was convicted of fraud for his part in the banking-card scam.

Crown attorney Sandra Aitken told the court how the woman had offered to share the account when the daughter's new employer wanted to pay by direct deposit. But sometime between July 10 and 27, the daughter was out with friends and gave the banking card to two men so that they could withdraw money to purchase party supplies. Finding the account low, the men deposited an empty envelope in the machine and withdrew $900 in cash -- an act videotaped by the bank's automated teller.

In arguing the case, Aitken said aggravating circumstances included the fact that the accused would take advantage of his friend's mother and that he wanted money to party and buy drugs. She added that the woman was embarrassed and concerned over her future dealings with the bank.

In sentencing the man to three months in prison, nine months probation and $450 in restitution, Justice Robert Halifax said that being under the influence of alcohol was no excuse for criminal behaviour, particularly when it affects the public.

"Bank machines are set up with some basis of trust," he said, "Other clients have to pay the price for these actions."