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SOMBA K'E/YELLOWKNIFE - A young man who broke into a woman's home through her bedroom window will not serve jail time.

The man, who now lives in Yellowknife, was 18 when he broke into the young woman's home in Whati in August 2008.

Intoxicated at the time, he touched the sleeping woman's leg after breaking her window and entering the home. When she woke up, he tried to pull the woman towards him but the woman broke free and alerted others in the house.

"(He) has essentially no memory (of the event) but accepts the facts as accurate," said defence attorney Caroline Wawzonek.

She told the court the man has since moved to Yellowknife and enrolled in Sir John Franklin high school in attempt to straighten himself out and finish his education.

He began smoking pot at age 14 and drinking at 16.

The man first appeared before NWT territorial court May 12 for sentencing.

He was also charged with five other offences, including taking a motor vehicle without consent and driving while impaired. In January 2009 he took a truck left running outside someone's house and drove it around town, drunk.

Judge Christine Gagnon delayed her sentencing until May 15 to have time to consider whether or not to send him to jail.

The Crown had asked for three to five months in custody for the break and enter charge.

"A sentencing judge must exhaust all other possibilities before (considering) imprisonment," said Gagnon.

"Despite ... the gravity of the offence I am unable to send this man to jail," she said, adding that even though the young man was 18 at the time of the offence "he is quite immature."

Gagnon also cited the guilty party's remorse and stable family environment as reasons for her decision.

She sentenced him to one day in jail, served by his court appearance, and two years probation for the break and enter.

Key conditions of the probation are: to abstain from alcohol and drugs; to complete 100 hours of community service withing the first 12 months of the probation; to either stay in school or become employed; to not contact the young woman; and to reside at his Yellowknife address, not leaving the house between 9 p.m. and 7 a.m. for the first 12 months of probation.

For taking the truck and driving drunk, the man was ordered to pay a total of $1,500 in fines and given a 15-month driving prohibition.

All other charges were dropped.

He was also required to submit a DNA sample to go on police files.