A Yukon Supreme Court judge has turned a six-month probation order into a three-month conditional sentence for a Haines Junction man involved in a fatal highway collision in Whitehorse.

This morning, Justice Ron Veale handed down his decision on the Crown's appeal of the sentence given to Martin Biondelli.

The mechanic had pleaded guilty to careless driving and operating a trailer without adequate brakes in the Alaska Highway crash that killed local artist Dereen Hildebrand in January 2004.

Crown counsel Lee Kirkpatrick had sought a jail term of four months.

Defence counsel Andrew Roothman argued in favour of the sentence already handed down.

If Veale did opt for incarceration, Roothman told the court last week, it should be in the form of a conditional sentence served in the community.

In the fall of 2005, Biondelli was sentenced to six months' probation and a $1,000-fine by deputy judge Dennis Overend, visiting from B.C.

'In my view, the sentencing judge erred,' said Veale. He took issue specifically with Overend's original judgment that careless driving, in this case, could be a result of momentary inattention.

This morning, Biondelli was ordered by Veale to serve the conditional sentence in his home. The exceptions are going to work, getting groceries for one hour a week, and attending religious services provided he has written permission from his conditional sentence supervisor.

A careless driving charge includes a range of sentencing from a fine to jail time to reflect cases where a model citizen might have that momentary lapse in judgment to more severe cases or repeat offences, said Veale.

Veale stressed he was in no way suggesting Biondelli intended for the death of Hildebrand. However, he said Biondelli was driving without due care for others on the highway by deciding to pull an overloaded trailer with inadequate brakes on winter roads. He had been driving for a couple of hours prior to the accident as well.

'I find a term of imprisonment is appropriate for general deterrence,' said Veale.

In handing down the conditional sentence, he said it would be consistent with the principles of sentencing, and pointed to other cases.

Under the sentence, Biondelli must:

• Keep the peace and be of good behaviour;

• Appear before court when required;

• Report to a conditional sentence supervisor within two working days of the sentence being handed down;

• Remain in the Yukon unless he has the written permission of his sentence supervisor to be elsewhere;

• Notify, in advance, any changes to his name, address or employment;

• Remain in his home except for work between the hours of 8 a.m. and 6 p.m. or when he is called out for work deliveries or to provide tow truck service, for meetings with his supervisor, for medical treatment, to shop for groceries for one hour each week or to attend religious services or counselling, though he must have written approval for each.

He must also carry a copy of the conditional sentence order with him at all times and present it to the RCMP if requested;

• Answer the phone or door when he is required to be there;

• Not drive any motor vehicle except for work, medical appointments or to get groceries each week; and

• Not to consume any alcohol or non-prescribed drugs.

Veale told Biondelli, who sat quietly next to Roothman through the decisions, that if he breaks any of those conditions, he could spend the remaining portion of his sentence in jail.