Yellowknife (Oct 27/04) - The lawyer who defended a 60-year-old man who watched his wife hang herself in their Yellowknife apartment says they may appeal a three-year jail sentence.

NWT Supreme Court Justice John Vertes handed down the sentence Monday.

Ian Adam Kirby was convicted last month of criminal negligence causing death.

The court found that he stood by while his wife, Betsy Kalaserk-Kirby, hanged herself with a shower curtain on Sept. 30, 2003. He was also convicted of failing to prevent her death or seek help afterwards.

"There can be no more fundamental duty than the prevention of death," said Vertes. "(In this case) the degree of moral and legal blame-worthiness is high."

After accounting for time he has spent in jail awaiting trial, Kirby's sentence is 20 months.

Defence lawyer Kelly Payne told the court Kirby shouldn't spend any more time in jail.

"There are people who actually kill people who get less time than that, so I thought it was rather harsh," she said after sentencing.

Crown prosecutor Loretta Colton had asked for a sentence of two to three years after time served.

Payne argued Kirby had good work prospects, was not a threat to the public, and that although the death occurred amid "an aura of alcohol" -- both Kirby and his wife were drunk at the time -- he has been seeking treatment for his alcoholism and had made sober friends.

Payne submitted as evidence a number of letters written in defence of Kirby by family members.

"Family is a very important thing to Mr. Kirby. He does not take that responsibility lightly," she said.

Payne said that Kirby's second wife wrote that while alcohol was a problem for Kirby, "when sober, Ian Kirby was a very supportive and loving person."

Also admitted into evidence were letters from Kirby's employers, two step-daughters, a granddaughter, and a daughter-in-law, who Payne said spoke of "(Kirby's) potential when alcohol does not take over his life."

"If anything positive can come from this horrible situation it is that realization," said Payne.

Colton argued that a prison sentence was necessary for its deterrent effect.

Kirby declined to speak at the hearing.