The sentence given to the man whose trailer collided with Dereen Hildebrand's van in 2004, causing her death, will be appealed.

Crown attorney Lee Kirkpatrick filed the appeal of Martin Biondelli's sentence on Monday in Yukon Supreme Court.

The documents say deputy judge Dennis Overend, visiting from British Columbia, erred in his ruling that gave Biondelli a $1,000-fine and six months' probation.

'(The) judge erred in law in imposing a sentence which was unfit,' the appeal says.

The sentence did not reflect all the circumstances of the case, according to the appeal, nor some principles that a judge must follow when setting a sentence.

The appeal also disagrees with Overend's suggestion that the 51-year-old Biondelli's case is one of 'momentary inattention.'

This means that deterring Biondelli from committing a similar offence in the future was not a key concern, the appeal argues.

It was an error in judgment to rule that 'general deterrence has little applicability' to Biondelli's case, the appeal says.

The documents also claim the sentence, handed down last Friday, did not place adequate weight on expert testimony presented in trial and on the specific circumstances surrounding the charges.

Overend placed too much weight on Biondelli's personal circumstances, the appeal says.

Defence lawyer Andre Roothman said in an interview today he was expecting the appeal.

Although the charge involved is one of careless driving, which falls under the territorial Motor Vehicles Act, he said the Crown has approached the case as though it was a criminal charge.

'What is important in a situation like this, and it was pointed out by the judge, is that it is not a Criminal Code offence,' Roothman said. 'The court is bound by the offence.'

This means the severity of the sentence must reflect the underlying offence. A judge can only prescribe a punishment that reflects the specific charge that is before the court.

In terms of Biondelli's sentence, Roothman said after the trial that he was extremely satisfied.

'It was a well-reasoned judgment,' he said outside the courtroom.

'It's a very difficult matter to deal with and I understand there is a lot of talk in town about the sentence,' he said today.

'I ask myself the question if (the deceased) was someone fairly unknown or low-profile, if the reaction would have been the same.'

Among those questioning the deterrent value of the sentence was Hildebrand's husband, Peter, in an interview published in Tuesday's Star.

In terms of the defence's position, they view the collision as a tragic accident, due in large part to the icy Alaska Highway conditions on that January 2004 afternoon, he says.

'We are quite confident that in the appeal we will be successful,' Roothman says.

The Crown would not comment on the case as it's currently before the courts.

A mechanic by trade, Biondelli pleaded guilty to careless driving and to operating a trailer without proper brakes during the Rabbit's Foot Canyon collision. His probation term included strict prohibitions on driving.

Biondelli's trailer hitch broke and his trailer, which was loaded with a Pathfinder, jackknifed into the oncoming traffic lane. The brakes on Biondelli's overweight trailer were not attached.

It's unclear how much difference the brakes would have made in such treacherous conditions. However, Judge Overend said in court that if the brakes had been attached, the trailer would have been 'much less likely to have jackknifed even in icy conditions.'

A well-known local artist, Hildebrand, 51, was driving north along the same stretch of highway when the trailer careened into her lane and crashed into the front of her vehicle.

Two cars then piled in behind Hildebrand's van. Upon arriving at the scene, firefighters had to cut her from her vehicle.

There is no date set for

the Supreme Court appeal to be heard.