The homepage of Haltnow.ca, an anti-bullying website run by John Clarkson Perry.

CALGARY - The Calgary founder of an anti-bullying website won't have to go to jail for a case of batting cage rage, a judge ruled Friday.

But provincial court Judge Cheryl Daniel said a conditional discharge sought by the defence, which would have left John Clarkson Perry without a criminal record, was not appropriate.

Daniel noted Perry's actions in sucker-punching a fellow baseball coach in front of young players and their parents was the kind of bullying conduct society condemns.

"He took an aggressive, hard-line, bullying position, swore, raised his voice and took a deliberately confrontational stance," Daniel said, in her written ruling.

"He sucker-punched a man whose back was turned, in circumstances that were not objectively threatening in any way to him," she said.

In handing Perry a suspended sentence and 12 months of probation, Daniel said it was ironic the city man runs a website - Humanity Against Local Terrorism - aimed at curtailing bullying.

"The role-model Mr. Perry projected for his sons and young team members was that of a confrontational and aggressive bully," Daniel said.

"A person ... who used his fists before engaging his brain to weigh other more reasonable actions."

Perry was convicted of assault causing bodily harm in connection with a June, 2009, incident at a city batting cage.

He had gotten into a verbal altercation with another coach, Scott Oldale, just before the attack.

Oldale was bent over picking up baseballs when Perry approached from behind, and, with an uppercut, punched his victim in the face.

After the assault Perry turned to the young players from both teams who had witnessed the attack and attempted to justify his conduct, Daniel said.

"He aggressively tried to justify his actions ... saying words to the effect of: 'You're looking at me because I hurt him with my hands. Was it okay for him to hurt me with his words?'" the judge noted.

Oldale required seven stitches to the bridge of his nose and later required reconstructive surgery on his nasal passage and bones.

Crown prosecutor Adam May had sought a short period of jail coupled with probation.

Defence lawyer Bob Sawers suggested a conditional discharge, arguing but for the assault, Perry had led an exemplary life.

As part of his sentence, Perry is to take any counselling, including for anger management, recommended by probation.

kevin.martin@sunmedia.ca