Hilary Caton, CBC News
Posted: Oct 5, 2012 4:57 PM ET
Last Updated: Oct 5, 2012 4:56 PM ET
A man who threatened to roll another man's turban down Main Street did not commit a hate crime, Ontario Court Justice Bernd Zabel ruled Friday.
Instead the accused, Dragan Blesic, 34, was sentenced to 60 days in jail with 14 months probation for assault against Hardev Sandhu, 41.
Zabel told court that while Blesic's taunt was "rude and inappropriate" it did not fit the definition of a hate crime.
In June, Blesic was found guilty of assault against Sandhu.
During the trial, court heard that Blesic spat and punched Sandhu in the face after a verbal exchange on Sept. 18, 2011.
The exchange began after Blesic rode his bike in front of Sandhu's truck in a parking lot on Queenston Road. Blesic was previously convicted of assault in 2008.
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