TORONTO - A man who attacked Oasis guitarist Noel Gallagher on a Toronto concert stage was sentenced to 12 months house arrest Wednesday after a judge rejected the Crown's plea to send Daniel Sullivan to jail.
Judge Richard Schneider called Sullivan's attack on Gallagher "a serious matter" and "bizarre behaviour," but said he was confident the sentence could be safely served in the community rather than a jail cell.
Sullivan ran on stage and pushed Gallagher from behind during the Virgin Music Festival in September 2008. The attack was videotaped by audience members and posted on YouTube, where it was widely viewed around the world.
The attack on Gallagher was "totally out of character," said Schneider, as he described Sullivan as a hard-working, reliable family man who had shown remorse for his actions.
"I offer a sincere apology to my victim and his family," Sullivan, 48, told the court after sentencing.
Court was told Sullivan's family had received threats from Oasis fans and were constantly hounded by reporters. The stress was so great, his wife took their three children and left him.
The Pickering, Ont., contractor said he was drunk at the time of the attack, which broke three of Gallagher's ribs and forced Oasis to cancel concerts in Paris and New York, prompting a $2-million civil suit against Sullivan which is still before the courts.
Sullivan refused to speak with reporters after sentencing because of the civil suit, but defence lawyer John Collins said the non-custodial sentence was appropriate for a first-time offender.
"This was a thoughtful sentence from an experienced jurist, one that was neither too harsh nor too lenient," Collins said outside court.
"I believe that Mr. Sullivan and I are well satisfied with the final outcome."
However, Crown prosecutor Ruth Kleinhenz-Neilson said Sullivan caused "serious bodily harm" and his behaviour on the Oasis stage didn't look like the normal showing off of a drunk. She said Sullivan not only attacked Noel Gallagher, but then tried to attack his brother, lead singer Liam Gallagher.
"You get up on the stage and a lot of people would just ham it up and say 'Look I'm here,' but this guy looked like he was on a mission, not only to attack Noel but then Liam as well," said Kleinhenz-Neilson. "It looked to me as if it was planned."
The Crown had been pushing for a six- to eight-month jail term for Sullivan and was concerned a non-custodial sentence wouldn't send the right message to the public.
"Was it appropriate? I don't think so, but the judge has made his decision and we abide by it," said Kleinhenz-Neilson.
Sullivan had earlier pleaded guilty to assault causing bodily harm.
"It's been a stressful and unhappy experience for Mr. Sullivan," said Collins. "He's demonstrated his contrition and embarrassment, if not shame, over what happened."
The conditional house arrest sentence handed down Wednesday allows Sullivan to go to work and to be away from home for up to four hours a week for personal business. He is also prohibited from possessing alcohol for 12 months, but told the court he has stopped drinking altogether.
The judge rejected the Crown's request to add a probationary period after Sullivan's house arrest is completed, but also turned down a defence request to let Sullivan out to play in a soccer league and be active in a community theatre group.
Gallagher said in a victim impact statement that it felt like he'd been "hit by a bus," needed months of rehabilitation and is still in pain.
Sullivan said he was drunk and couldn't remember how he got backstage at the concert.
Oasis, which had a string of hits in the 1990s, broke up earlier this year after a disagreement between the bickering Gallagher brothers.
