A 37-year-old man was given a nine-month conditional jail sentence Friday for assaulting a woman with a knife.

Dale Charlie, who was diagnosed with Fetal Alcohol Syndrome (FAS) at age three, assaulted Helen Hollywood at his home in Whitehorse last May 11. The two were not in any type of domestic nor romantic relationship.

Under the terms of the conditional sentence, determined by territorial court Judge Karen Ruddy, Charlie must avoid all contact with Hollywood, must stay in his home between 7 p.m. and 7 a.m., must get permission if he wishes to leave the Yukon, and must abstain from alcohol and controlled drugs.

Charlie, a member of the Kwanlin Dun First Nation, must also pay a $50 victim fine surcharge which will go to a fund that helps people who have been victims of crime.

Hollywood and Charlie first met each other in downtown Whitehorse, said defence lawyer Gord Coffin.

Hollywood told Charlie she had no place to go and asked if she could spend a weekend at his home. The weekend turned into a prolonged length of time, and Hollywood would not move out of Charlie's home despite his repeated requests for her to leave, court heard.

In the early hours of May 11, RCMP officers received a call from a neighbour saying there was yelling and screaming coming from Charlie's residence.

Police responded immediately and spent the next 90 minutes in front of Charlie's residence. During the standoff, Charlie threw furniture and repeatedly threatened to kill himself before finally emerging from his residence and being taken into custody.

Charlie was 'significantly intoxicated' during the incident and his memory of it is 'sketchy at best,' said Coffin.

However, Charlie did not dispute that the incident happened and pleaded guilty to the charge. Coffin added that Charlie's frustration 'got the better of him.'

During the course of the assault, Charlie had four knives in his possession, said Crown attorney K.C. Komosky.

Charlie held Hollywood down on a bed and threatened to slit her throat with a knife.

He also cut her index finger with a knife, held her in a headlock and swung her around. Hollywood's shin hit a dresser and became swollen. Komosky referred to the incident as a 'significantly vioent outburst.'

Both Komosky and Coffin cited Charlie's physical and mental challenges due to FAS as important factors in the case. Coffin said that Charlie is 'functionally illiterate' and cannot read directions on a can of soup.

'(Charlie) is very much one of those people that displays the common signs of FAS,' said Coffin. 'He has inability to deal with frustration. He can only see the world from his point of view.'

Komosky said people who suffer from FAS have difficulty 'appreciating consequences to their actions.'

Charlie has a criminal record for the offences of assault, uttering threats, and aggravated sexual assault.

For the latter crime, Charlie is already serving a three-year probational term that will end in 2009. Charlie also has a 10-year prohibition on firearms.

Before determining the sentence, Ruddy asked the court if anyone wished to say something on Charlie's behalf.

Charlie's mother was in attendance and said that 'he spends a lot of time with his girls. I like that very much.'

Charlie's children are currently staying with his parents.

Ruddy said that 'if (Charlie) was an average citizen, there would be no question of a custodial sentence.'

However, she said, a conditional sentence may be a better deterrent for him than jail time.