A B.C. Supreme Court judge has found Michael Kandola guilty of a hate crime and sentenced him to 17 months in prison for punching a gay man in Vancouver's West End.

The sentence will be reduced to 12 months with credit for time already served,

Kandola was convicted of assaulting Jordan Smith in 2008. Smith says he was walking down the street holding his boyfriend's hand when they were confronted by "a group of individuals screaming homophobic remarks."

Kandola then punched Smith in the face, breaking his jaw.

Crown counsel had argued that Kandola should be sentenced under hate crime legislation, which carries stiffer penalties than simple assault.

Defence lawyers say they are "seriously considering" an appeal of the sentence.

Craig Maynard, co-chair of the board of directors for queer resource centre Qmunity, described the hate crime ruling as a "substantial victory" for the gay community.

"Members of our community have been and can be subject to assault, but it hasn't been seen in recent history that we've been able to prove these assaults as hate crime," Maynard told ctvbc.ca.

"This is a welcome protection for our community."