A man who pleaded guilty to impaired driving causing bodily harm and impaired driving on two separate occasions last year will serve his sentence in the community.

Late last month, territorial court Judge Heino Lilles sentenced Raymond Craft to a 14-month conditional sentence to be followed by a three-year probation and curative discharge term.

It was handed down through a circle sentencing process.

The decision notes that the 51-year-old Kwanlin Dun First Nation man crashed head-on into another vehicle, causing injuries to both his passenger and those in the other vehicle.

A cracked tailbone, bruising, whiplash, a spinal fracture and others are included on the list of physical injuries suffered by those involved.

On Feb. 9, 2005, Craft was driving south on the Alaska Highway near the Mary Lake subdivision at around 7:50 p.m. with his girlfriend in the car.

He was seen weaving into the other lane numerous times over about five kilometres by another driver who followed him in case something happened.

As Craft was weaving in and out of the lanes, another vehicle heading north on the highway moved into the southbound lane to avoid him, but at the same time Craft moved back into the proper lane, with the vehicles colliding head-on.

Craft's blood alcohol level was found to be 139 milligrams per 100 millilitres of blood.

A further analysis of his blood indicated he had also been on a number of tranquilizer or sedative drugs.

'All the drugs are central nervous system depressants, and as such can impair an individual's ability to operate a motor vehicle. This impairment is exacerbated when the medications are taken in conjunction with alcohol,' Lilles wrote.

The driver of the vehicle he collided with had some bruising along with pain in her ribs for a few weeks.

'Her psychological and emotional injuries did not heal as quickly,' Lilles noted.

'A year later, she was still affected by guilt, feeling responsibility for the accident and resulting injuries to passengers, including her mother, even though the accident was entirely caused by Mr. Craft.'

It was the driver's mother who suffered the most serious injuries. The front seat passenger, she had to crawl out of the car through the driver's side after the collision because her door was jammed. She then passed out in a snow bank before being taken to Whitehorse General Hospital. The woman said she was thankful to have survived the violent crash.

She was in the hospital for four days with a spinal fracture, sprained left knee, bruising to her chest, straining to her right hip and a blood clot on her left leg before she was medevaced to Edmonton for a week.

A halo brace was required for two months before she returned to Edmonton to get it removed.

'A halo brace is a very inconvenient contraption that screws into the patient's head and is strapped to the body with something that looks like an upper body cast. It is readily apparent that simple movements such as sitting, laying down and walking are rendered difficult while wearing this brace,' Lilles noted.

Family members had to help the woman with everything from household chores to basic bodily functions like using the bathroom.

After getting the brace removed, the accident victim had to wear a two-piece neck collar for two months until she could gradually remove it. She completely stopped wearing it last July.

Even now, the woman continues to have neck pain and ongoing stress due to the memory of the crash.

'She cannot walk as fast or as confidently as she used to, tending to exhibit significant caution out of fear of falling and re-injuring herself,' Lilles pointed out.

The woman was also out of work until the end of August. At that point, she began working for six hours a week, gradually increasing her time until she reached her usual 30 hours a week by November.

She's also been in counselling since the crash and is going to physiotherapy on a regular basis.

'Although I have focused on the injuries to the people involved in the crash, their immediate family members were also victims,' Lilles wrote.

'For example, (her) husband had to completely change his life plans in order to spend more time at home to care for (her).'

On top of all of that, the woman and her family also suffered financially, the judge pointed out, with the vehicle being a complete loss and replaced at a cost higher than the insurance pay out.

'It is apparent from this case that family members and friends of the people injured in this accident were affected emotionally and psychologically and are properly considered secondary victims' of Mr. Craft's criminal offence,' states Lilles.

The other passenger in the vehicle was a friend of the driver. Not only did she suffer mild whiplash and chest pain for a few weeks, but the psychological impact lasted much longer for her and her parents.

'The day of the accident was her mother's birthday,' Lilles noted. 'Her mother will never be able to celebrate a birthday again without being reminded of the accident and what could have happened to her daughter.'

Craft's girlfriend, who didn't take part in the circle sentencing, suffered a cracked tailbone and bruising on her legs and back.

The second incident was just two months later when, on April 3, 2005, the RCMP noticed a vehicle with an expired licence plate leaving a residence in Carcross.

Police pulled the vehicle over and found Craft was driving. When he failed a screening test, he was arrested and brought to the detachment. Readings showed he had 260 milligrams of alcohol per 100 milligrams of blood.

He was kept in custody for four days when a justice of the peace released him on an undertaking with conditions. He also pleaded guilty to driving while disqualified and driving an unregistered vehicle and was sentenced to pay fines.

The sentence notes that Craft's criminal record began in 1974 with his last offence before this in 1996. There's a total of five previous drinking and driving offences, and Craft had been sober from 1996 until just before the offence in February 2005.

Lilles noted that Craft didn't have the benefit of a father figure in his family. Between the ages of five and eight years, he went to the Baptist Mission School in Porter Creek. There, he was physically, emotionally and sexually abused by school authorities before he finally ran away, and quite understandably said the judge, did not return.

Through his childhood and early adulthood, Craft learned to deal with life issues with violence and drinking, a behaviour which continued into adulthood and is reflected in the criminal record.

'He spent many years in this lifestyle, including living on the streets of Vancouver for eight years,' Lilles noted.

When the offender came back to Whitehorse, he completed the Crossroads Treatment Program and was sober for eight years before his January 2005 relapse.

'Mr. Craft's dysfunctional upbringing and victimization do not excuse his behaviour and charges before the court,' wrote Lilles.

'On the other hand, it is a reality that should not be ignored either. It is important that everyone in the Yukon understands what happened to many young aboriginal youth in the mission school system.'

Despite his limited education, Craft hasn't had trouble finding work as an equipment operator, labourer and carpenter's helper. He's also used his traditional skills as an instructor.

'In the past few years, Craft has hunted, trapped and provided for elders and family in Carcross and Kwanlin Dun. He is a very traditional man and is most comfortable in the bush. In the winter, he supplements his income by selling furs from his trapping,' Lilles noted.

He also has an 18-year-old son, though his long-term relationship with the young man's mother ended four years ago. They continue to remain friends.

The offender's relationship with the woman he had been driving with at the time of the accident ended shortly afterward, but he is now in a relationship with a woman closer to his age who is supportive, doesn't drink and enjoys a traditional lifestyle.

In coming to his sentencing decision, Lilles considered case law as well as what victims, their family members and community members stated during the circle where there was consensus that Craft shouldn't go to jail, but be supervised for a lengthy period in the community to ensure he won't drink and drive.

The sentence also took into account the recognizance conditions Craft followed for a year before his case went to court.

The conditional sentence includes close to 20 regulations he must follow which deal with reporting to a supervisor, curfew, abstaining from drugs and alcohol and staying away from places which primarily sell alcohol, community service, not operating a vehicle, taking counselling and programming and reporting to the court.

There are another 15 regulations Craft must follow for his three-year probation and curative discharge after he serves the 14-month conditional sentence.