Convicted gay-basher appeals 6-year sentence

A Vancouver man who was sentenced to six years in prison for a gay bashing at a West End pub last year is appealing his conviction.

Shawn Woodward, 37, was charged with aggravated assault in 2009 after Richard Dowrey was sucker-punched in the Fountainhead Pub, a well-known gay bar on Vancouver's Davie Street.

A provincial court judge found the attack fit the framework for tougher sentencing provided by Canada's hate crime legislation. She said that's because Woodward acted without provocation and used repeated homophobic slurs.

Dowrey, 62, was knocked to the concrete floor by the punch and suffered a brain injury that has left him unable to feed or dress himself.

However, Woodward is appealing the conviction, arguing the judge placed too much emphasis on its designation as a hate crime.

In his notice of appeal, Woodward's lawyer Joel Whysall said the judge placed more emphasis than was warranted on the crime's hate designation especially since this was his client's first criminal offense.

Whysall also argues the judge mistakenly found Woodward lacked credibility and focused too much on Dowrey's injuries instead of the nature of the assault.

Dowrey's friend Lindsay Wincherauk witnessed the attack. He is disappointed Woodward decided to appeal the sentence.

"It goes to further show how much of a coward this individual is," Wincherauk said.

"I don't think he fathoms the amount of damage he's done to another human being and, in our society, I think it's important a message is sent this isn't tolerated anymore."

Wincherauk said Dowrey was left with permanent brain damage and no longer recognizes his family or friends.