A Manitoba man arrested after he was spotted in a ditch having sex with a dog should go to jail for six months, a judge was told Thursday.

“The animal was yelping in pain,” Crown attorney Sari Daien told Judge Kelly Moar. “There was a clear indication that—even if for whatever reason someone didn't realize the act was wrong—the animal was clearly in significant pain.”

Adrian Choken, 29, of Little Black River First Nation, was convicted after trial of one count of bestiality in connection with the Feb. 18, 2015 incident.

Choken might have escaped prosecution had he not called police first to complain he had been assaulted.

Court heard police interviewed Choken's alleged attacker who said he was driving to the local dump when he saw a man in the ditch.

“When he got closer, he could see that Mr. Choken was having intercourse with a dog,” Daien said.

“His pants were down to his ankles and the dog was in his lap trying to get away.”

The “mortified” witness got out of his truck “and tried to put a stop to it,” Daien said.

“Mr. Choken... tried to disengage from the act, but was essentially stuck in the dog,” she said. “Fortunately, he was able to eventually disengage and the dog ran away yelping.”

Court heard the witness then punched Choken in the face.

Choken had an abusive upbringing that “undoubtedly contributed to the offence before the court,” Daien. Said

The Crown is recommending Choken be sentenced to an additional 12 months supervised probation and ordered to stay 100 feet away from dogs, unless in the presence of their owner.

Defence lawyer Kevin Sneesby, who recommended Choken be sentenced to house arrest and probation, questioned the practicality of the dog prohibition.

“With all due respect, on a reservation there are a lot of dogs,” Sneesby said.

Choken will return to court for sentencing Jan. 18.

Dpritchard@postmedia.com

Twitter: @deanatwpgsun