Supreme Court Justice Virginia Schuler granted defence lawyer Margot Engley's request to endorse the warrant of committal with the recommendation that Kakfwi be allowed to serve his sentence in the territorial correctional system where he may have access to counselling from the Grollier Hall Residential School Healing Circle.

The judge's recommendation is not binding on either territorial or federal corrections officials. Normally, sentences up to two years less a day are served in territorial correctional facilities, while sentences of two years or more are served in the federal penitentiary system. The nearest federal prison is the maximum-security Edmonton Institution.

Last week, a jury of eight women and four men convicted Kakfwi of sexually assaulting a 40-year-old woman suffering from a mental illness.

The incident occurred at the victim's apartment on Nov. 14, 2001. Kakfwi was acquitted of assault and uttering threats against the same complainant.

Crown prosecutor Noel Sinclair requested a sentence of four to five years because of what he called particularly aggravating circumstances.

Kakfwi's criminal record includes five convictions for spousal assault, two other assaults and a conviction for pointing a firearm.

"The aggravating circumstances were the prior spousal assaults and the history of violence, the criminal record, and also aggravating was not only was this a full sexual intercourse, but there was also evidence of forced oral sex to the point of choking the victim," said Sinclair.

Kakfwi, originally from Fort Good Hope, has been ordered to submit a DNA sample to the RCMP.

Schuler has also issued a 10-year firearms prohibition. He can only possess a firearm for the purpose of sustenance or employment purposes while outside of a community.