Permanent resident who sexually interfered with girl, 15, aimed to dodge deportation

Article content

A Hamilton, Ont., man who followed a 15-year-old down a dark trail just before midnight, grabbed her by the hair from behind, then showed her an explicit video and exposed himself has failed to convince a judge to tailor his sentence so he can avoid deportation.

Article content

Harpreet Singh, 30, was convicted in the Ontario Court of Justice for sexual interference, making sexually explicit material available to a child for the purpose of facilitating sexual interference, and exposure to a person under the age of 16 years for a sexual purpose. The permanent Canadian resident, who was born and raised in Punjab, India, argued unsuccessfully for 182 days in jail followed by two years of probation.

Article content

Article content

Article content

“Mr. Singh, a permanent resident of Canada, asks the court to impose a sentence that would preserve his right to appeal a deportation order arising from his convictions,” Justice Joe Patrick Paul Fiorucci said in his Sept. 15 decision.

Article content

Article content

“I find that such a sentence would be neither fit nor proportionate.”

Article content

Instead, the judge sentenced Singh to more than double that: 15 months behind bars, followed by three years of probation.

Article content

Reducing Singh’s “sentence to 182 days would materially understate both the gravity of the offence and the offender’s moral culpability,” said the judge.

Article content

“Such a sentence would fail to adequately reflect the seriousness of the offence, the significant harm suffered by the victim, and Parliament’s direction that denunciation and deterrence receive primary emphasis in cases involving the sexual abuse of children.”

Article content

Fiorucci accepted that Singh faces potentially significant immigration consequences. “However, those consequences do not justify reducing the sentence to a level that would otherwise be demonstrably unfit. While immigration consequences are entitled to serious consideration, they cannot be permitted to dominate the sentencing exercise or create a separate sentencing regime for offenders facing possible removal from Canada.”

Article content

Article content

The court heard that Singh sat across from the teenage girl on May 1, 2023, as they travelled on the same city bus.

Article content

Article content

“During the ride, Mr. Singh watched a sexually explicit video on his phone,” according to the decision.

Article content

The two — who were strangers to each other — both got off at the bus at the same location at 11:23 p.m.

Article content

“He followed her onto a dark trail, grabbed her by the collar (and hair) from behind, then moved in front of her holding his erect penis in one hand and his phone in the other while displaying the sexually explicit video to her,” said the decision.

Article content

The teen, whose identity is protected by a publication ban, elbowed and pushed Singh away, then fled.

Article content

She “describes the offences as humiliating, terrifying, and deeply violating,” said the decision. “She states that they fundamentally altered her sense of safety and security within her community. Before the offences, she felt comfortable travelling independently and using public transit. Following the offences, she experienced anxiety, panic, and fear in places that had previously provided her with a sense of comfort and familiarity.”