I think you're splitting hairs here. IMHO, Avery saying he didn't want to fight and then decking Smid as soon as he looked away, probably fits under the heading "sucker punch." Even though it's what one might expect from Avery, it's still a sucker punch.
BTW, I also find it interesting that the NHL is so concerned about headshots (e.g. the Jokinen suspension), and yet a sucker punch induced concussion doesn't get a second look by Campbell. Oh well, whoever expected consistency from the NHL anyway.