Huynh received one-year probation and community service for his involvement in a fight at a Kam Lake residence last May. Huynh was not on the job at the time of the incident.

However, a Yellowknife bylaw makes it impossible for a cab driver to apply for the city-issued licence if they have a recent criminal conviction. Bylaw officer Doug Gillard said the city will revoke Huynh's licence, which Huynh can appeal.

Huynh, who supports a wife and a seven-year-old daughter, will have to wait two years after his conviction to apply for his municipal chauffeur's licence, which expires this year.

RCMP were called to a Melville Drive home last May after hearing reports of a fight involving weapons and gunfire.

Randy Sutherland, who lives at the home, said Huynh and his nephew Long Huynh arrived brandishing a machete and pipe. He said he fired two warning shots in the air but the pair kept advancing.

A voir dire was held to determine whether a police tape of Phuc Huynh's police statements, obtained immediately after his arrest, could be used in cross examination. Territorial court Judge Brian Bruser decided not to admit the tape, saying the interview took an unfair air of oppression.

Huynh's comments were "literally squeezed out of him" by an RCMP member, said Bruser. Huynh, who speaks only basic English, had asked to speak to a lawyer. The judge decided that the RCMP had implied to Huynh that if he talked to them his wife and daughter wouldn't find out about the incident.

Huynh testified that he was drinking heavily that day and went to the house with his nephew thinking they were going to a party. He said it was only when Sutherland met them on his porch with a rifle that he realized something wasn't right.

"Long said to him 'if you're going to shoot me, then just shoot me,'" Phuc Huynh said through a translator. "At first I thought they were joking."

Huynh said a fight broke out and Long was knocked down.

Sutherland testified that it was at this time that Phuc Huynh waved a pipe and threatened to kill him.

Huynh apologized to the court and said has since stopped drinking and sought counselling.