Updated: The aboriginal protester convicted of aggravated assault against a Caledonia home builder still hasn’t been sentenced.

Sam Gualtieri was attacked in the home he was building in September 2007. He had confronted Richard Smoke and two other teens who had broken into the home. Gualtieri was hit over the head several times with a piece of wood and nearly died.

Today in the Cayuga courthouse Richard Smoke was invited to address the court and he did sound sincere.

He said, “I’d like to apologize to Mr Gualtieri and his family. I’m sad. I’m sorry for what you’ve had to go through. I wouldn’t wish that on anybody.”

Most of the court’s day was spend with the defence arguing that smoke was a victim of circumstance with a very difficult impoverished childhood; and that despite that he has no alcohol or drug dependency and no prior convictions. The defence also tried to make the case that Gualtieri’s injuries were not that severe – which upset the Gualtieris.

Submissions are not done at this point but the rest will be made in writing and the judge will come back with his decision December 23rd.

The crown is asking for six to eight years in a fed penitentiary, while the defence wants two years less a day in a provincial jail.

Video: Lisa Hepfner reports: