A 48-year-old Whitehorse man convicted of assault with a weapon and uttering threats was sentenced to nine months in jail and 18 months' probation Thursday morning.

Lloyd Benedict Smarch has already been in custody for 72 days, so must serve an additional six months. He must also pay a $100 victim surcharge.

Judge Dennis Overend dismissed the third charge, which was for confining a person against his or her will.

Smarch was arrested and charged last Oct. 3.

At approximately 4:49 a.m. that day, Whitehorse RCMP received a call from a 19-year-old woman who was upset, crying, and intoxicated, according to the testimony of RCMP Const. George Cook.

The officer went to Smarch's residence but was initially unable to gain entry to his apartment until a negotiating team was called. Smarch eventually opened the door and was subsequently arrested.

In her testimony, the 19-year-old victim testified that she and Smarch had been using morphine earlier that evening.

She had already been drinking in downtown Whitehorse. She said she returned downtown and drank some more before returning to the apartment building where Smarch lived to visit her father, who was asleep.

She testified that Smarch came down to her father's apartment and asked her to come back upstairs, which she did.

She then testified that when she walked inside the apartment, Smarch threw her against the wall and threatened to kill her. She said she felt scared.

Then, Smarch pulled out a knife and asked if she wanted to die, to which she said no.

She also testified that Smarch tried to knee her in the face but she blocked the attack with her arms. When she tried to leave, Smarch threw her against the wall again, according to her testimony.

The young woman said she tried to calm Smarch down, then retreated to the bathroom so she could calm down herself. Next, she testified, she went into another room in the apartment where two other young women were.

Both young women testified. They had been walking home while intoxicated and decided to spend the night at Smarch's apartment. Smarch was known to one of the young women although the other had never met him.

One of the witnesses testified she heard Smarch and the 19-year-old engaging in intimate relations and what sounded like an argument. However, she said, she heard no sounds of violence nor a struggle.

The witness then said the victim came into the room the two girls were staying in and asked for their help. She said the 19-year-old was 'obviously high.'

The victim kept looking toward the window, eventually opened it and jumped out.

She testified she hung from the window for a moment before jumping to the ground. The drop from the second-storey window was about four feet, court heard.

Defence lawyer Jennie Cunningham said the victim's testimony was 'very, very unreliable.'

The victim herself admitted her memories of that night were 'sketchy,' owing to the fact that she blacked out for a period.

Cunningham also mentioned the fact that the victim has a habit of cutting herself with knives when she is intoxicated or upset.

The victim said she has scars on her arm because of this tendency. However, the victim added she sustained no injuries as a result of Smarch's assault.

Crown prosecutor Mike Cozens said the evidence was 'clear (and) forthright.'

He also spoke in favour of the victim's candour regarding her intimate relations with Smarch, her use of substances such as morphine, and the fact that she couldn't clearly remember all the night's events.

Judge Overend dismissed the kidnapping charge because he said there was no evidence that Smarch tried to confine the victim against her will, although he said she may have felt he was trying to confine her.

Smarch has a very lengthy criminal record dating back 30 years. That record includes convictions of robbery and assault.

Cunningham cited Smarch's 'systemically disadvantaged background' in her submission as a factor for the judge to consider.

Born in Whitehorse. Smarch attended a residential school as a child and first began clashing with the law as a teenager.

The offender has had a long battle with alcohol addiction and, more recently, has been coping with a serious addiction to opiates.