A B.C. judge will determine this week whether Michael Kandola, who pleaded guilty to punching a gay man in Vancouver's West End in 2008, will be sentenced under hate crime legislation.
Kandola was convicted of assaulting Jordan Smith a year and a half ago. Smith says he was walking down the street holding his boyfriend's hand when they were confronted by "a group of individuals screaming homophobic remarks."
Kandola then punched Smith in the face, breaking his jaw. Crown counsellor Dasein Nearing says the slurs and profanities witnesses reported hearing that night warrant a hate crime sentence.
"The number of times the homophobic slurs are uttered, the fact that they're said to multiple people before, during and after the offense, is enough for the judge to be able to find that this is a hate-motivated offense," she said.
If the judge agrees, Kandola could face stiffer penalties, including:
- Eight to 12 months in custody
- Two years probation
- Curfew from 11 p.m. to 6 a.m.
- Community service
- Restricted access to the downtown core
But Kandola's lawyer insists the assault had nothing to do with hate, and would not have happened had Smith simply walked away.
"Mr. Smith had every right to be insulted by the comments that were made," defence lawyer Danny Markovitz said. "But had he not turned back to these individuals, had he kept on his way, Mr. Smith would not have been hit, that's what I'm saying."
Smith says the night he was hit was the first night he and his partner held hands – something they now fear doing.
"I think a strong message has to be sent, and I think it's time that this law actually be used," he said.
The judge will decide the sentence on Friday.
With a report from CTV British Columbia's Sarah Galashan
