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Calgary hockey brawl jail term to be appealed: lawyer

Last Updated: Thursday, July 31, 2008 | 10:57 AM ET

Robert Simard, 23, will appeal a 30-day jail sentence he received for assaulting a hockey linesman in an off-ice fight in Calgary.Robert Simard, 23, will appeal a 30-day jail sentence he received for assaulting a hockey linesman in an off-ice fight in Calgary. (CBC)

A 23-year-old Calgary man sentenced to 30 days in jail Wednesday for assaulting a hockey linesman in 2006 will be filing an appeal, his lawyer says.

Robert Joseph Simard, who was convicted of kicking Rory McCuaig in face and knocking him unconscious in an off-ice brawl after a game, will serve his time on weekends beginning in August.

Simard's lawyer, Alain Hepner, said the family is disappointed with the sentence, believing it is far too harsh, especially when compared to other hockey assault cases.

"Certainly [with] the two or three [cases], the injuries have been significantly worse and they resulted in conditional discharges — why shouldn't this young man be treated the same?" Hepner said Wednesday.

McCuaig said a jail term is warranted in this case.

Although Simard has never apologized for the assault, McCuaig said he plans to turn the negative experience into something positive.

"It was unfortunate and it was not fun to be a part of, but I'll use it as a tool for teaching down the road," McCuaig said. "I work with a lot of young officials so hopefully I can pass on good judgment to them."

Simard has been banned from playing organized hockey in Alberta for life, but he still plays with a recreational league through his work.

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