A Canadian permanent resident originally from Punjab has been sentenced to 15 months in prison after a judge rejected his request for a shorter sentence that could have helped him preserve his right to appeal a possible deportation order.Harpreet Singh, 30, was convicted in Ontario of sexual interference, making sexually explicit material available to a child for the purpose of facilitating sexual interference, and exposing a person under 16 to sexual activity for a sexual purpose.Singh, who was born and raised in Punjab, India, had asked the court to sentence him to 182 days in jail followed by two years of probation. His immigration lawyer argued that a sentence of six months or more on any individual count could have serious immigration consequences for him.The lawyer told the court that Singh could lose his right to appeal a removal order to Canada’s Immigration Appeal Division if sentenced to six months or more, potentially preventing him from seeking discretionary relief on humanitarian and compassionate grounds.But Ontario Court of Justice Justice Joe Patrick Paul Fiorucci rejected the request, saying immigration consequences could not justify imposing a sentence that would otherwise be inappropriate.“Such a sentence would be neither fit nor proportionate,” the judge said in his September 15 decision, according to the National Post.Instead, Singh was sentenced to 15 months in prison followed by three years of probation.
What happened to the teenage girl?
The court heard that Singh encountered the 15-year-old girl on a city bus on May 1, 2023.Singh sat across from the girl during the journey and watched sexually explicit material on his phone, according to the court decision.The two strangers got off the bus at the same location at about 11:23pm.According to the judgment, Singh followed the girl onto a dark trail, grabbed her from behind by the collar and hair and then exposed himself while holding his phone and displaying sexually explicit material to her.The teenager fought back by elbowing and pushing Singh before fleeing.The girl’s identity is protected by a publication ban.The court said she described the incident as “humiliating, terrifying, and deeply violating” and said it had changed her sense of safety in her community.She experienced anxiety, panic and fear in places where she had previously felt comfortable, according to the judgment.
Judge rejects immigration-based sentencing request
Singh’s lawyer argued that a sentence of less than six months could have significant consequences for his immigration status.The judge said he had considered those consequences but rejected the argument that they should determine the sentence. “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,” Fiorucci said.The judge described Singh’s conduct as deliberate and predatory and said the offences were directed at a vulnerable child.He said the circumstances were “highly aggravating” and that Singh’s degree of moral blameworthiness was high.The Crown had sought between 12 and 15 months in prison, along with three years of probation.
Singh’s background and rehabilitation
Singh was single and had no children at the time of sentencing. His family had been arranging a marriage for him, but those plans were put on hold while his criminal case was being resolved.He was unemployed when he was sentenced but was looking for work, particularly in the electrical field. He had also volunteered in his religious community for several years.Family members and a friend submitted letters describing him as honest, hardworking, respectful, dependable and supportive.The judge noted that Singh had undergone counselling with a social worker. According to the court, the treatment helped him understand the seriousness and consequences of his conduct, accept responsibility, identify relevant risk factors and understand the importance of boundaries and continued self-monitoring.A social worker assessed Singh as currently presenting a low risk of sexual reoffending, taking into account factors including his status as a first-time offender and his participation in treatment.However, the judge said the seriousness of the offences and the harm suffered by the victim required a substantial custodial sentence.Singh will serve 15 months in prison followed by three years of probation.
