Joshua Gauthier will spend 12 months under house arrest for punching an opponent in the face during a highly competitive recreational soccer league game four years ago.
Superior Court Justice Edward Gareau imposed the penalty, which will be followed by two years probation, on Monday, after dismissing a defence request to reduce the conviction to assault causing bodily harm.
A well-known local athlete, Gauthier, 40, was convicted of aggravated assault last November for striking Adam Erickson in the eye during a July 8, 2019 match at Strathclair Park.
His blow fractured the victim's right eye orbital bone — an injury that caused lacerations and required 18 stitches above the eye.
In denying the defence application to change the conviction to the lesser offence, Gareau said there was ample and "uncontradicted evidence" about the injuries that supports an aggravated assault finding.
"The injuries were significant and serious and in no way can be described as trifling, fleeting or minor."
When he imposed sentence, the judge noted there were many mitigating factors "of some importance" in Gauthier's favour, including a "very positive pre-sentence report" and letters of support from various community members.
He has no criminal record, his actions during that game were "totally out of character" and he has expressed "genuine and sincere" remorse for what occurred.
By all accounts, he is "a supportive spouse and a loving father," is gainfully employed, is a constructive community member and a financial provider for his family, Gareau said.
However, these circumstances must be balanced by the aggravating factors and the outcome for Erickson, the judge said.
Gauthier's actions stemmed from frustration and a need to retaliate.
The community must be assured that the court isn't going to tolerate assaults during recreational sporting events where people just want to get some exercise and have fun.
Such events are meant to be safe and "must be kept safe."
The community must know "there will be consequences for individuals who act outside the rules and who break the law."
Specific deterrence may not be much of a factor in this case, but "general deterrence looms large," Gareau said.
He called the suspended sentence and probation suggested by defence lawyers Don Orazietti and Anthony Orazietti "inadequate."
It "sends the wrong message to the community," given the circumstances and Erickson's injuries, and is not in the public interest.
Prosecutor Matthew Caputo had told the court that prior to recent Criminal Code changes making a conditional sentence available for the offence of aggravated assault, he would have been seeking jail time.
The assistant Crown attorney indicated the facts in this case and Gauthier's background make a conditional sentence appropriate now that it can be imposed.
A 12-month conditional sentence, which will be served in the community, reflects the principles of deterrence and denunciation that are paramount in cases of violence, Gareau said.
It also will allow Gauthier to keep working and to support his family, and to continue his relationship with his spouse and children.
During his sentence, Gauthier can only leave his residence for work, medical emergencies and one period of four hours each week for personal errands and appointments.
He must take any recommended counselling and can have no contact with Erickson.
Gareau also imposed a 10-year firearms prohibition and ordered him to provide a DNA sample for the national registry.
In an interview following the sentencing, Don Orazietti said he is recommending his client appeal the decision.
A motion to appeal must be filed with the Ontario Court of Appeal within 30 days.