Michael Kandola, 20, made a quick appearance in Vancouver's community court Monday. (CBC)

The suspect in an attack on a gay man in the city's West End on the weekend made a brief appearance in Vancouver's new community court on Monday morning.

But prosecutors said the punishment they would be seeking for Michael Kandola, 20, of Vancouver, is beyond the scope of community court.

Kandola is now facing a charge of aggravated assault causing bodily harm, after the Crown elevated the initial charge of assault. Prosecutors have also suggested they will seek to have Kandola convicted under Canada's hate crime legislation.

A special prosecutor will be appointed to handle the case, which was rescheduled for provincial court on Tuesday morning, Crown prosecutors said.

Kandola has not been held in custody since his arrest, and left the court on his own, pushing through a crowd of reporters outside to step into a waiting car.

Slurs heard before attack

Vancouver police Const. Tim Fanning said the evidence suggests the alleged assault was motivated by prejudice against homosexuals.

Reporters try to question Michael Kandola on his way out of court on Monday morning. (CBC)

"These slurs towards our victim's sexuality were heard by several witnesses, and then he was assaulted," said Fanning, who was speaking at a media briefing at police headquarters Monday morning.

Under Section 718.2 of the Criminal Code of Canada, a judge can impose a longer sentence when an offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor.

Fanning said Kandola is known to police, but a check of court records by CBC News found no indication that Kandola has ever been charged with a crime.

Davie Street assault led to arrest

Kandola, was released from jail Saturday night after being arrested in a West End alley, after a gay man alleged he was assaulted on Davie Street on Saturday morning .

Jordan Smith, 27, told CBC News he was walking along Davie Street, near Hornby Street, holding hands with another man when a group of four young men approached the pair, calling out gay slurs.

One of the men allegedly hit Smith in the face with enough force that he fell back on the sidewalk and was knocked unconscious.

Smith's jaw was dislodged and fractured in a number of places. He was scheduled to have surgery Monday, which will leave his jaw wired shut for six weeks.

Police are looking for at least three other suspects in the case.

Smith said attacks on gays happen more often than people realize.

"I think there are a number of people who wander up that way, maybe on a weekend, looking for trouble, looking to cause a fight," he said.