A British man convicted of impaired driving causing death may be able to avoid deportation back to England after being sentenced Tuesday in territorial court.

Christopher Maxwell-Smith was sentenced to two years less a day after the van he was driving rolled near Pelly Crossing, killing co-worker Valentino Vella, in 2010.

If Maxwell-Smith had received a sentence of more than two years, his deportation would have been guaranteed.

As it is, the 27-year-old's deportation is still possible, but not automatic. It will depend on a number of factors, including his behaviour, the court heard.

In delivering her sentence, Judge Nancy Orr took the unusual step of not taking Maxwell-Smith's months in custody into consideration.

Normally, convicted people are given credit for time they've served behind bars, and that time is taken off their total sentence.

In this case, Orr ruled that Maxwell-Smith's sentence of two years less a day began Tuesday.

Maxwell-Smith, who immigrated from England to Canada five years ago, spent most of his time living in Vancouver.

He was the foreman of a six-person scaffolding crew working on the Pelly River Bridge in July 2010.

Maxwell-Smith was behind the wheel when, after having had some drinks, the team decided to drive from Pelly Crossing to Carmacks for groceries and more beer, the court heard during a trial in August.

Moments after the drive began, the van entered a construction zone on the North Klondike Highway.

While approaching a curve, the van drifted onto the soft shoulder of the road.

Maxwell-Smith testified during his trial he tried to correct the mistake, but overcorrected and went into the oncoming lane.

It was then that the van left the road, hit a ditch and rolled, landing back on its wheels, he said.

The only passenger not wearing his seatbelt, the 27-year-old Vella, was thrown from the van and found by the other passengers lying on the road.

Maxwell-Smith attempted to save his friend, performing CPR until medical staff arrived and pronounced Vella dead at the scene.

On the stand, Maxwell-Smith insisted he only had three beers prior to driving and was not intoxicated at the time of the crash.

He claims he was distracted by passengers and momentarily looked away, which led to the van drifting onto the soft shoulder.

A toxicology expert with the RCMP laboratory in Vancouver testified that at the time of the crash, Maxwell-Smith's blood alcohol level was between 0.13 and 0.15.

Prosecutor Eric Marcoux was seeking a sentence of four to 4 1/2 years.

In his arguments earlier in the day, Marcoux pointed out that Maxwell-Smith decided to drive the van with only a B.C. learner's permit.

That means he was not allowed to drive with more than two passengers and must have had zero alcohol in his blood, the court heard.

A crash reconstruction expert testified the van was going 101 km/h when it left the road but was likely travelling faster before it swerved.

The speed limit in the construction zone was 70 km/h.

Maxwell-Smith also passed eight signs warning of the construction zone leading up to the crash, the trial heard.

Defence lawyer Gord Coffin described Maxwell-Smith as a young man who has been dealing with depression and a great deal of remorse since the crash.

He presented the court with a letter sent to Maxwell-Smith from his victim's mother. In it, Vella's mother expresses loss, understanding and ultimately forgiveness, Coffin said.

Last January, Yukon RCMP had to travel to Toronto to pick up Maxwell-Smith after he turned himself in to police there for failing to appear in court.

Along with the jail sentence, Orr ordered Maxwell-Smith to pay back $5,000 to the Pelly RCMP to cover those costs.

Once he is released from jail, Maxwell-Smith will be on probation for 18 months and prohibited from driving for 10 years.