A Kamloops man won't spend time behind bars for his SA国际影视传媒渧iciousSA国际影视传媒� 2016 attack on a Yellowknife cab driver, a NWT judge ruled during a sentencing hearing last week.

Daniel Mattie, 39, who pleaded guilty to one count of assault causing bodily harm last year, was handed a 15 month conditional sentence by Judge Garth Malakoe in territorial court Friday SA国际影视传媒� avoiding the lengthy jail sentence sought by the Crown.

Outside the courthouse following Mattie's sentencing, the City Cab driver voiced his disappointment to media.

SA国际影视传媒淵ou see the justice we live in? We don't have justice here,SA国际影视传媒� he said.

After leaving Harley's Hard Rock Saloon in the early hours of Oct. 12, 2016, an intoxicated Mattie was picked up by a City Cab driver. Mattie, sitting in the front passenger seat, asked the driver to take him to a residence in a Kam Lake area neighbourhood.

Upon arriving at the residence, an argument ensued over the fare. The driver, who was 52-years-old at the time, told Mattie he'd drive to headquarters to settle the dispute.

Unprovoked, Mattie punched the driver several times in the head. The taxi driver exited the cab, but Mattie approached him again. After a struggle, the driver fell to the ground where Mattie struck him again.

Mattie, the court heard through an agreed statement of facts, called the driver SA国际影视传媒� who is dark skinned SA国际影视传媒� a (f-ing) immigrant,SA国际影视传媒� in the SA国际影视传媒渉eat of the moment.SA国际影视传媒� Mattie walked to the Kam Lake residence and the victim was able to call police.

The taxi driver, who was admitted to Stanton Territorial Hospital before being transported to Edmonton, suffered significant injuries following the assault. He sustained SA国际影视传媒渕assiveSA国际影视传媒� swelling to his face SA国际影视传媒� leaving him temporarily SA国际影视传媒渦nrecognizableSA国际影视传媒漇A国际影视传媒� and underwent two surgeries for a fractured right orbital bone SA国际影视传媒� an injury that still plagues him to this day.

In a victim impact statement read by Crown prosecutor Angie Paquin, the court heard the driver has double vision in his permanently damaged right eye and experiences headaches and back pain nearly two years after the assault.
Along with enduring physical effects, the attack has left the victim, who can no longer work a full shift, with SA国际影视传媒渓asting emotional and mental scarring.SA国际影视传媒�

SA国际影视传媒淚'm uncomfortable and stressed. Every person is a potential threat,SA国际影视传媒� the driver's statement read.

Now suffering from anxiety, the cab driver said he's constantly looking over his shoulder, with fears of another assault preventing him from taking certain passengers and fares SA国际影视传媒� resulting in less earnings.

Emphasizing the need to protect SA国际影视传媒渧ulnerable members of societySA国际影视传媒� SA国际影视传媒� cab drivers SA国际影视传媒� Paquin asked for a custodial sentence of 15 months followed by two years probation.

Paquin asked Judge Malakoe to consider violence in Mattie's past. In 2001, he was convicted of the same charge SA国际影视传媒� assault causing bodily harm SA国际影视传媒� in an incident that also left the victim with SA国际影视传媒渟evere injuries.SA国际影视传媒�

Mattie's lawyer, Jay Bran, noted the SA国际影视传媒渟ignificant gapSA国际影视传媒� in his client's SA国际影视传媒渄atedSA国际影视传媒� criminal record.

Submitting numerous letters of support from Mattie's family and employers, Bran cast the defendant was a well-liked, productive member of society who is the sole provider for his family.

Mattie's wife, who wiped away tears as she sat in court Friday, wrote in a letter that jail time for her husband would have SA国际影视传媒渄evastatingSA国际影视传媒� consequences for their family.

Bran asked Judge Malakoe not send Mattie to jail, instead requesting a conditional sentence with numerous conditions.

Bran said Mattie, who had a positive upbringing with no history of alcohol addiction, doesn't know what triggered the attack and that he has pursued counseling following the assault.

Paquin said Mattie's inability to pinpoint what caused the act of violence leaves a SA国际影视传媒渉uge question mark.SA国际影视传媒�

In reading his decision SA国际影视传媒� which he called SA国际影视传媒渄ifficultSA国际影视传媒漇A国际影视传媒� Judge Malakoe acknowledged the lingering questions regarding Mattie's SA国际影视传媒渂rutal and viciousSA国际影视传媒� act of violence, but said a conditional sentence, in this case, would be sufficient in denouncing and deterring similar crimes.

Turning to the victim, who sat in court, a red-faced Mattie fought back tears as he apologized.

While Mattie won't spend time in jail, he'll be under house arrest for the first 12 months of his sentence SA国际影视传媒� which he will serve in B.C. SA国际影视传媒� but will be allowed to leave his residence to work. For the remaining three months of his conditional sentence, Mattie will be subject to a curfew that requires him to be at home from 9 p.m. to 6 a.m.

Following his sentence, Mattie will be on probation for 18 months and will face numerous strict conditions. He cannot drink alcohol and is banned from possessing firearms for three years.