A 'brutal beating' could see David Wiebe sentenced to up to five years in penitentiary or just 20 months in jail.

At this morning's sentencing hearing for Wiebe, Crown prosecutor Noel Sinclair argued Wiebe should be sentenced to between four and five years at a penitentiary for the 2005 beating of Darryl Hewitt.

Wiebe's lawyer, James Van Wart, sought a sentence of 20 to 24 months less a day from visiting territorial judge Dennis Overend. Any sentence of two years or more is served in a penitentiary.

During the more than two-day trial last March, the court heard that last September, Wiebe ended up in a fight with Hewitt in the downtown apartment building where Wiebe was staying with his girlfriend.

In reviewing Wiebe's personal circumstances, Sinclair noted the 39-year-old has 64 prior convictions, with one of those being a violent offence. The majority of the offences are for property crimes.

Sinclair characterized Wiebe as having a 'stubborn disregard' for his girlfriend's wishes the night of the offence, when she decided she didn't want to be around him. After Wiebe was kicked out of the '98 Hotel bar where his girlfriend was, Wiebe continued to persist in trying to talk to her by asking others to go into the bar for him.

He then confronted Hewitt, who had been sitting at the same table at his girlfriend was and had ejected Wiebe from the bar, at Hewitt's car.

'There's that stubbornness,' Sinclair said.

As it evolved, Wiebe ended up back at the apartment where he confronted Hewitt when Hewitt and his girlfriend returned.

It was then that it 'escalated dramatically' into a 'barbaric' attack on Hewitt, court heard.

Pointing to photographs taken in the hospital of Hewitt, Sinclair said the victim was almost unrecognizable with stitches around his eyes, marks on his back and other injuries.

During the trial, Sinclair said witnesses spoke of a pool of blood around Hewitt as he laid unconscious, making gurgling sounds.

After extensive hospital treatment, the court heard, Hewitt was unable to work for more than four months and has since continued to experience neurological problems in concentration and memory. He's also been unable to play hockey.

Currently, Hewitt is optimistic about his recovery and continues to see improvement. While he can work and drive his own car, he still hasn't return to hockey.

Among the aggravating features of the case are the nature of the assault, the earlier threats made to Hewitt in the evening and the long-term impact on Hewitt. He also argued though the fight was not against his spouse, it was in the context of a spousal argument.

Sinclair also said there were no mitigating features in the case, though the judge countered by questioning whether the fact Wiebe sought the RCMP was a mitigating fact in the case.

It's difficult to say what was going on in Wiebe's mind at that point, Sinclair responded, adding that after seeing Hewitt's condition, Wiebe may have thought he could be facing a homicide charge.

'He was trying to spin (what happened) even at that early stage,' said Sinclair, noting Wiebe telling the building's manager that Hewitt had fallen down the stairs.

The prosecutor wouldn't deny that the move did prove helpful to Hewitt.

Also throughout his testimony, said Sinclair, Wiebe continued to see himself as being wrongfully confronted.

Clearly, Wiebe should be separated from society for the aggravated assault, he said.

In seeking the four- to five-year sentence, Sinclair pointed to case law, arguing that Wiebe is mature in age, has a lengthy criminal record and no community support.

Van Wart also pointed to case law when he submitted his recommendation for less than two years in custody.

He also recalled Wiebe's background, noting he's originally from Fort Nelson, B.C. but has lived in the Yukon for the past 10 years. Wiebe has a Grade 10 education, but has done some upgrading in prison.

He's also continued to suffer alcohol and drug problems over the years and his record is consistent with those types of problems.

What's unique, said Van Wart, is an almost total absence of violent offences with the exception of one minor assault.

This assault was out of character, the lawyer argued.

And while it was 'obviously a brutal assault,' Van Wart pointed out there were no weapons used.

'This was essentially a fist-type of fight,' he argued, though he acknowledged Wiebe's feet were also used.

Sinclair later responded though that a kick to the head with shoes on is as serious as using a weapon.

Van Wart also said he didn't want to minimize Hewitt's injuries but he noted they weren't permanent.

He suggested the judge should consider Wiebe's attempt to get help as an immediate concern for Hewitt.

For his part, Wiebe told the court he has tried to avoid fighting throughout his life and that he's sorry for the injuries that were caused.

'My life was in danger,' he told the court.

Overend was set to sentence Wiebe later this afternoon.

Wiebe is also facing three charges of breaking out, failing to comply and failing to appear, which are scheduled to be dealt with Sept. 1.