A Yukon judge has sentenced a man to eight months’ custody and a 30-month driving prohibition for impaired-related offences.

Territorial court Judge Karen Ruddy issued her seven-page written decision on Jan. 23.

Philip Wayne Hare pleaded guilty to two counts of driving with a level of blood alcohol over the legal limit and one count of failing to appear in court.

The first impaired offence dates back to Sept. 6, 2017. Hare claims he was helping someone dealing with an overdose at the time.

“Unfortunately, in doing so, he also made the decision to drive while under the influence of alcohol,” Ruddy said in the decision.

Hare was stopped by the RCMP. He was subject to a sobriety test and failed.

He provided two samples. The results were 200 and 190 mg per cent respectively. He was informed that police were seeking a more severe punishment and was released on a promise to appear in court.

The court date was scheduled for Nov. 1, 2017. Hare never attended.

The second impaired charge dates back to July 2018, when Hare was stopped by police over an expired licence plate.

Police noticed an odor of alcohol, and Hare admitted to drinking. He was tested twice, with the results 220 and 200 mg per cent respectively.

Both impaired-related offences took place either late at night or early morning. He was co-operative with police on both occasions.

Ruddy pointed out that Hare has three impaired driving convictions on his record, dating back to 1993, 1995 and 1999. He also has several breaches. His record begins in 1980.

The judge noticed that there was a gap in Hare’s criminal behaviour, going from 2001 to 2011.

“It is a lengthy one (criminal record), but it has some interesting gaps in it,” Ruddy said in the decision.

She said he has had eight convictions since 2011. Five of those are breaches. She notes that, for five years, there has been another gap since the last conviction.

Ruddy next addressed Hare’s circumstances. She noted that he has a good work history and has a reputation as a strong worker.

She felt he seems to struggle when he is in a mutually abusive relationship. She added he seems to do better when he is on his own or in a healthy relationship.

“Your record seems to reflect those stable periods in your life,” Ruddy said in the decision.

She said there are applicable Gladue factors in this case. She did not share these facts, saying that Hare has concerns that these could be used as an excuse for his actions. Hare has indicated that he does not see them as such.

Regardless, she explained that these many factors demonstrate how Hare’s life has evolved.

She pointed to a period where his parents both abused substances. She said this exposure in childhood would have an effect on how Hare views alcohol.

She added it’s clear Hare has been struggling with alcohol since his adolescence.

“I am considering that as well because I think that is important in understanding how we got here,” Ruddy said in the decision.

Hare, in the pre-sentence report, indicated he was concerned about probation. He feared it would put him in a position where he would be set up to fail.

He indicated he does not do well in authoritarian relationships, but could, perhaps, succeed if his probation officer supported and worked with him.

Ruddy indicated she was mindful of these facts.

She felt a global sentence of eight months would be appropriate in this case. She said she has no choice but to impose a four-month sentence for each impaired driving offence.

She explained that this would give Hare a chance, while serving, to pursue upgrading for employment, substance abuse programming and make other personal choices to better himself.

The questions that remained: should the sentence be concurrent or consecutive?

She said she would have trouble justifying having the two sentences running concurrently. She added the sentence for the failure to appear in court would normally be consecutive, but that would risk the sentence being too long.

The Crown suggested 60 days for the fail to appear. Ruddy reduced this to 45 days.

She said each four-month sentences would be consecutive while the 45 days would be concurrent. She added that he could get credit for good behaviour near the end of his sentence.

“You serve two thirds of an eight-month sentence and then you have your driving prohibition to worry about,” Ruddy said in the decision.

Ruddy indicted that there would have to be such a prohibition no matter what. The law calls for a three-year prohibition per offence.

She felt justified in making these concurrent to each other because of the importance of a licence to Hare’s work history.

She also reduced it by six months since Hare is already on such a prohibition. This made it 30 months.

“The hope is that you will be able to make the choices that you want to make and we will not see you back before the court,” Ruddy said in the decision.