Michael Hamilton will have to serve at least 13 years of his life sentence for killing Brian Wheldon before he's eligible for parole, Justice Leigh Gower ruled on Friday afternoon.

The Yukon Supreme Court judge said the harshness of the case alone would have been enough to support a minimum 15-year-sentence, but for the fact Hamilton pleaded guilty to second-degree murder in a relatively short time after he was charged.

'The most significant aggravating circumstances is Mr. Hamilton's reckless disregard for Mr. Wheldon's well-being in hitting him with a van after stabbing him, running him over at least once with the wheels (or a wheel) of the van,' Gower said in delivering his 41-page decision over an hour and a half.

'Then, moving the van again, while Mr. Wheldon was likely underneath. And finally, by accelerating the motor in a forward gear with enough force to cause the noticeable spray of gravel behind the rear passenger tire, while Mr. Wheldon was obviously pinned underneath the front of the van in the ditch.'

Gower went on to say he was 'very disturbed by Hamilton's repeated attempts to minimize his involvement and responsibility for Mr. Wheldon's death....'

The 25-year-old Hamilton, Gower told a courtroom that was around three-quarters full, has given inaccurate and fictional accounts of the events of June 19, 2004 along a remote section of Range Road to try to minimize his blame for the death.

For Hamilton to rely on the notion that his actions were somewhat justified because Wheldon had grabbed and forced a kiss upon Hamilton's then-girlfriend, Diane Jim, a month and a half earlier, is entirely misguided, Gower said.

And the judge cautioned the killer's girlfriend about believing or allowing Hamilton to believe the viciousness of the multiple stabbing and subsequent running-over of Wheldon were reduced by Wheldon's apparent assault against Jim.

Gower said he also found it troublesome that Hamilton was attempting to flee the scene along Range Road near the entrance to the Mountain View golf course as quickly as possible, while Wheldon remained pinned under the van.

That he initially lied to the RCMP about his identity when questioned in the area was also aggravating, Gower said.

Hamilton has been in custody since his arrest the day of the murder, and indicated last January that he would be pleading guilty to the charge.

His 13-year sentence began the day he was incarcerated, June 19, 2004.

The judge said Hamilton has indicated a willingness to take the necessary counselling and programming to deal with issues that need addressing.

But his actions show a resistance to such programming, Gower said.

He noted in his remarks that Hamilton may have even lied to the forensic psychologist who assessed him by telling Dr. Douglas Boer he was participating in an alcohol abuse program while in the Whitehorse Correctional Centre, when indeed he had not done any such thing.

Gower said Hamilton will have much of his life ahead of him when he is released from prison, though it is imperative he take counselling to deal with his issues while in prison, or he'll be a high risk to commit another violent offence.

'He (Boer) said that, as of now, Mr. Hamilton's theoretical manageability in the community, when he eventually obtains parole, is poor.' However, with appropriate programming, Dr. Boer felt that Mr. Hamilton's level of manageability could improve over time and that Mr. Hamilton has the intellectual capacity to understand and do well in programs, providing he takes advantage of those opportunities.'

Gower noted that Hamilton was subject to a dysfunctional family life while growing up, never did know who his father was, and ended up in several foster homes when his mother became ill.

He also has a record of substance abuse, and a criminal record related mostly to property crimes, but was convicted of assault, apparently against his mother, the judge said.

Improvements to Hamilton's life, said Gower, came along after he and Jim started a relationship, one that was going for about five years. Jim married Hamilton in a ceremony conducted last July at the Whitehorse Correctional Centre.

Jim has two children from a previous marriage, and a 3 1/2-year-old daughter with Hamilton, the judge pointed out.

The facts before the court indicate Hamilton had called Wheldon for a cab ride the even of June 19 so they could talk. Shortly after he was picked up, while driving on Range Road, eyewitnesses said, they saw Hamilton stab the taxi driver several times from behind.

When Wheldon left the van, bleeding heavily from wounds to the neck, Hamilton got behind the wheel and ran him over.

And when a passerby stopped to inquire about the need for assistance, seeing Wheldon beneath the vehicle, Hamilton said he had everything under control.

Gower dismissed a suggestion earlier by Hamilton that the stabbing occurred during an altercation, and that he was forced to pull his knife to cut the radio cord that Wheldon has gotten around his neck.

The tale was not realistic, the judge noted, adding it is clear Hamilton got up from the seat behind Wheldon, moved to within striking distance, and then stabbed him.

'Taking into account your character, the nature of the offence and the circumstances surrounding its commission, I sentence you to life imprisonment, without eligibility for parole until you have served at least 13 years of the sentence,' Gower ruled.

Hamilton must also provide bodily substances to provide for a DNA analysis. He will be prohibited from possessing a firearm or ammunition for 10 years after his release, and prohibited for life from possessing prohibited or restricted weapons.