Sarkoon Oraha, who was assaulted by Toronto Police Const. Bryan Thomas during a road-rage incident on Hwy. 400, is seen at court Tuesday, June 12, 2012. (Michele Mandel/Toronto Sun)

TORONTO - TORONTO -- A Toronto cop who viciously beat a motorist was sentenced to 90 days in jail Tuesday -- and then released on bail, pending an appeal.

Const. Bryan Thomas, 44, was convicted of assault causing bodily harm June 12 for punching and breaking the jaw of driver, Sarkoon Oraha, 44, on Oct. 2, 2010.

Oraha was weaving in and out of traffic on Hwy. 400 and tried to pass Thomas on the shoulder, nearly hitting him twice.

Thomas, off-duty at the time, had his girlfriend and two young daughters in the car. After flashing his badge, he managed to pull Oraha over and confronted him on Black Creek Dr.

"There were multiple blows to the victim who put up no resistance," said Ontario Court Justice William Horkins in a College Park court. "Witnesses around were horrified."

Horkins said once Thomas flashed his badge, he became an on-duty police officer and his actions must be assessed in that context.

"His use of force was excessive and frankly, criminal," said Horkins.

He added that as an officer, Thomas was "in place of trust, and if you break that trust, it requires serious consequences."

Horkins said a message must be sent to the public and police that such actions won't be tolerated.

"They must know there will be harsh consequences," said Horkins, who noted Thomas' actions were uncharacteristic and ruled that his 90-day sentence be served intermittently on the weekends.

The judge wished the officer good luck. Thomas rolled his eyes before being taken into custody.

Thomas' lawyer Alan Gold immediately filed an appeal and he had a bail hearing Tuesday at Ontario Superior Court.

"I think its chances of success are slim," Justice Michael Code noted of the appeal before granting bail.

Thomas, who had been demoted to administrative duties since the incident and has now been suspended without pay, is due back in court Sept. 21.

Toronto police chief Bill Blair will decide whether or not Thomas is reinstated to administrative duties while on bail.