A territorial court judge will wait until the new year to sentence a Whitehorse taxi driver convicted of sexually assaulting a passenger.

Rodrigo Torres was in court Thursday for a sentencing hearing.

After listening to arguments from both sides, Judge Michael Cozens decided to take time to consider his decision.

Prosecutor Keith Parkkari argued that the 41-year-old driver should spend between 3 1/2 and four years in prison.

His lawyer, Jennifer Cunningham, is suggesting 18 to 24 months.

Torres was convicted of sexual assault in October following a trial.

About a year ago, the then-22-year-old victim had been out drinking when she called Torres' Quality Cab.

With the woman in his vehicle, Torres pulled over into a bus turn-around, parked the taxi and assaulted her, the court heard.

Torres testified that the sex was consensual.

Both lawyers agreed Torres will likely be deported following his conviction.

Originally from Puerto Vallarta, Mexico, the offender came to Whitehorse on a temporary work permit.

Cunningham urged the judge to consider a sentence of less than two years.

If the sentence is less than two years, Torres would have the option of appealing the deportation order with immigration officials.

If the sentence is more than two years, that appeal is not an option, the court heard.

Parkkari said time in a federal prison is appropriate because of the position of trust taxi drivers are in, particularly when driving passengers who have been drinking.

One of the benefits of using a taxi is getting home safely despite an intoxicated state, Parkkari said.

In Whitehorse, young people are encouraged to take taxis home rather than walk at night and cabs are encouraged as opposed to drinking and driving.

For that to happen, people need to feel safe, he said.

Cunningham argued that a sentence of that length is unusual in the Yukon, particularly for a first-time offender like Torres.

Torres' case will be back in court Jan 10.

The majority of courts will be closed after today for the Christmas season.