An aggravated assault dating back to last September has netted a local man three years in a federal penitentiary.

On Tuesday afternoon, visiting territorial court judge Dennis Overend sentenced David Wiebe, 39, to three years in custody for the aggravated assault of Darryl Hewitt.

'Darryl, I'm sorry this happened,' Wiebe said to Hewitt who was sitting in the back row in the gallery of the courtroom.

It shouldn't have happened but it did, he continued as lawyers and others in the courtroom waited for the judge.

'We know the truth, not the courts,' he added.

Hewitt gave no verbal response.

In handing down his sentence, Overend went over the case and Wiebe's history, including his lengthy criminal record, mainly for property crimes.

This marks Wiebe's second offence for violence, the first being for an assault.

While Overend noted that Wiebe had been surprised at the extent of Hewitt's injuries, he also said Wiebe has maintained the position that the assault was brought on by Hewitt.

The 2005 assault occurred in September in a downtown apartment building when Hewitt and Wiebe's girlfriend walked up the stairs toward her apartment.

After a confrontation on the stairs, Hewitt fell to the landing, where Wiebe punched and kicked him in the head. Wiebe also required medical attention to his hand after the assault.

The injuries to Hewitt were serious, the judge said, causing neurological damage and forcing Hewitt out of work for four months. Overend said he was also satisfied that Hewitt has mostly recovered.

Overend stressed that he had to show the court denounces the crime and works to deter it from happening in the future.

'This remains a crime of violence that must be denounced,' he said.

He also must consider the potential of rehabilitation for Wiebe.

In reaching his decision for a three-year sentence, Overend said Wiebe took advantage of Hewitt when he was in a prone position. He has also not accepted responsibility, the judge added.

In Wiebe's favour though, he said the assault was not premeditated.

Though Crown prosecutor Noel Sinclair had argued the judge rejected testimony that Wiebe felt he was in danger, Overend said that wasn't the case.

Rather, Wiebe's argument failed to meet all the criteria for self-defence, but he may have feared Hewitt.

Overend also said he took into consideration the fact that Wiebe went to get the RCMP to assist after the beating.

In addition to the three years in penitentiary, there will be a firearms prohibition for 10 years.