A Whitehorse man has been convicted of one count of impaired driving causing bodily harm and one count of being over the legal alcohol limit causing bodily harm.

Mark McClusky appeared before Judge Michael Cozens in territorial court on Monday. Cozens had a written decision ready to read.

The offences originate from a Hamilton Boulevard collision on Jan. 20, 2017.

McClusky’s vehicle entered the opposing lane and hit another vehicle. Two people were injured in the accident.

They included Kimberly Johnnie, a passenger in McClusky’s car. She suffered injuries to her right leg, a cut lip and a deep laceration of he right buttock. There was a second passenger whose name has not been made public.

The other vehicle was driven Naomi Blindheim. She suffered multiple injuries that necessitated facial surgery. She had to be transported to Vancouver for treatment.

McClusky’s blood alcohol was tested. The results were between 186 and 286 mg per cent.

Cozens stated that Blindheim, travelling at 70 km/h, saw McClusky’s car swerve into her lane.

The RCMP looked over the scene and concluded that the road conditions were clear. There were some icy patches found, but not enough for police to conclusively say they caused the accident.

Cozens pointed out that police could not find any defects in McClusky’s vehicle. The tire pressure was low, but not low enough to cause the collision.

Police were also unable to determine how fast he had been driving.

Based on the facts of the case, the judge explained, there is little to prove that the accident occurred due to circumstances outside of McClusky’s control. There was nothing to say that McClusky hit one of the icy patches and lost control.

“I am not prepared to speculate,” Cozens said.

He added that Blindheim did nothing wrong in her driving.

He was satisfied that the collision was McClusky’s fault, as he had a responsibility to keep his car under control.

He next had to determine if the impairment played a role in the accident.

Cozens stated he had no reasonable doubt that McClusky demonstrated symptoms of impairment. Based on his blood alcohol reading being well over the limit, the judge said, McClusky’s driving was affected.

He added people have to drive to the conditions in the winter. He thus convicted McClusky on both counts.

The accused had originally faced one additional count of each offence, but Cozens judicially stayed these charges. Cozens suggested having the matter scheduled for a sentencing hearing.

Crown prosecutor Leo Lane asked for Blindheim and two of her family members be given a chance to read their victim impact statements at the end of Monday’s decision-reading. He said the family is looking to move on from this process.

Cozens agreed.

Blindheim’s daughter and husband read their statements.

Blindheim read her own victim impact statement last. She stated that, at the time of the accident, her husband was not working due to illness. She was doing some academic upgrading to get a better job.

She said the month leading up to the accident had been “an emotional roller coaster” due to these circumstances.

She had found employment, but then the collision happened.

Blindheim said she had left the house that morning and told her son she would be back to pick him up to take him to school. She would not be able to do that.

She explained she had to have emergency surgery and was flown to Vancouver for further surgery.

She said her kids came to visit her in the hospital, but had trouble looking at her because of the visible injuries.

“I felt like a hideous monster,” Blindheim said.

She said the injuries have left visible scars, and she suffers from flashbacks of the accident. She described being scared when she is driving, and fears she will be involved in another accident.

She said she was upset that this was caused by someone else’s decision to drive while impaired.

She asked the court to make sure the punishment fits the crime.