Permanent resident who sexually interfered with girl, 15, aimed to dodge deportation - National Post
Hamilton's John Sopinka Courthouse. Photo by Peter J. Thompson/National PostArticle contentA 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.
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.
“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.
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“I find that such a sentence would be neither fit nor proportionate.”
Instead, the judge sentenced Singh to more than double that: 15 months behind bars, followed by three years of probation.
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.
“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.”
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.”
The court heard that Singh sat across from the teenage girl on May 1, 2023, as they travelled on the same city bus.
