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.
asserted
he → follow → 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.
asserted
material → convict → 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.
asserted
who → bear → 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.
asserted
Fiorucci → ask → decision
“I find that such a sentence would be neither fit nor proportionate.”
asserted
sentence → find → ?
Instead, the judge sentenced Singh to more than double that: 15 months behind bars, followed by three years of probation.
asserted
judge → sentence → 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.
asserted
judge → reduce → offence
“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.”
asserted
denunciation → fail → children
Fiorucci accepted that Singh faces potentially significant immigration consequences.
asserted
Singh → accept → consequences
“However, those consequences do not justify reducing the sentence to a level that would otherwise be demonstrably unfit.
asserted
that → justify → level
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.”
asserted
they → entitle → Canada
The court heard that Singh sat across from the teenage girl on May 1, 2023, as they travelled on the same city bus.
uncertain
they → hear → bus
“During the ride, Mr. Singh watched a sexually explicit video on his phone,” according to the decision.
uncertain
Singh → watch → decision
The two — who were strangers to each other — both got off at the bus at the same location at 11:23 p.m.
“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.
asserted
decision → get → her
The teen, whose identity is protected by a publication ban, elbowed and pushed Singh away, then fled.
She “describes the offences as humiliating, terrifying, and deeply violating,” said the decision.
asserted
decision → protect → offences
“She states that they fundamentally altered her sense of safety and security within her community.
asserted
they → state → community
Before the offences, she felt comfortable travelling independently and using public transit.
asserted
she → feel → transit
Following the offences, she experienced anxiety, panic, and fear in places that had previously provided her with a sense of comfort and familiarity.”
asserted
that → follow → comfort
Singh’s immigration lawyer wrote to the court, explaining “that a sentence of six months (183 days) or more on any individual count would have significant immigration consequences.
asserted
sentence → write → consequences
In particular, Mr. Singh would lose the right to appeal a removal order to the Immigration Appeal Division and would thereby lose the opportunity to seek discretionary relief on humanitarian and compassionate grounds.”
asserted
Singh → lose → grounds
The Crown was asking for 12 to 15 months of imprisonment and three years of probation.
asserted
Crown → ask → probation
The judge “considered the potential immigration consequences that may flow” from the sentence he handed Singh.
uncertain
he → consider → Singh
The circumstances of Singh’s offences are “highly aggravating,” said the judge.
asserted
judge → say → offences
“These were deliberate and predatory acts directed at a vulnerable child.
asserted
These → direct → child
Conduct of this nature seriously undermines both the victim’s sense of personal security and the community’s expectation that children may move about safely in public places.”
uncertain
children → undermine → places
Singh is single and has no children.
asserted
Singh → have → children
“His family was in the process of arranging a marriage for him, but those plans have been deferred pending the resolution of his criminal charges.”
asserted
plans → arrange → charges
He was unemployed at the time of the sentencing hearing, but he was seeking work, particularly in the electrical field.
asserted
he → seek → field
“He has also volunteered within his religious community for several years.”
asserted
He → volunteer → years
Singh’s sister and a friend wrote letters of support for him to the court “in which they described him as honest, hardworking, respectful, dependable, and supportive of others in both his personal and professional life.”
asserted
they → write → life
Singh “benefits from strong family and community supports, which weigh in favour of rehabilitation,” said the judge.
asserted
judge → benefit → rehabilitation
“However, I note that several of his supporters continue to maintain that he did not commit the offences.
asserted
he → note → offences
As a result, I place somewhat less weight on these expressions of support than I otherwise might.”
uncertain
I → place → support
Singh got counselling from a social worker that’s helped him form “a greater understanding of the seriousness and consequences of his conduct, accepted responsibility for his offending behaviour, developed insight into relevant risk factors and decision-making, and increased his awareness of boundaries and the need for ongoing self-monitoring,” said the decision.
asserted
decision → get → monitoring
“Although historical factors placed Mr. Singh in an above-average relative risk category compared to other sexual offenders, (the social worker) concluded that Mr. Singh presently poses a low risk of sexual reoffending, having regard to his status as a first-time offender, his treatment engagement, low dynamic needs, very low general recidivism risk, and current presentation.
asserted
Singh → place → offender
Continued therapeutic intervention was recommended.”
asserted
intervention → recommend → ?
The Aporia
