Judge spares Indian immigrant jail after trying to buy sex from minor

An Indian foreign national, Akashkumar Narendrakumar Khant, who admitted to trying to buy sex from what he thought was a 15-year-old girl, was given a conditional discharge by an Ontario judge.

Source: ChatGPT

An Indian foreign national, Akashkumar Narendrakumar Khant, who admitted to trying to buy sex from what he thought was a 15-year-old girl, was given a conditional discharge by an Ontario judge to help him and his wife with their immigration statuses.

In a decision released on June 25, Ontario Court Justice Paul Thomas O’Marra provided Khant with a conditional discharge on the basis that “a conviction would lead to severe collateral consequences, such as jeopardizing his immigration status, delaying his citizenship, and preventing him from sponsoring his wife, which would likely result in their separation.”

The details of Khant’s case have been tested in court and are not in dispute.

According to court documents, Khant immigrated to Canada from Gujarat, India, in 2019 to pursue a civil engineering degree.

On December 13, 2023, the Peel Regional Police Human Trafficking Unit commenced Project Juno — an online investigation focused on individuals seeking to obtain sexual services from persons under 18 years of age.

On the very first day of the police's investigation, Khant contacted a sex trade advertisement that was created by police on a website typically used for procuring sexual services.

Khant communicated with the undercover officer and was informed on several occasions during the conversation that she was 15 years old.

Once he was advised that the escort was 15 years old, Khant told her that “if we get along then. I will see you quite often,” something the judge said was “suggestive of a continued interest in underage girls.”

Khant continued the conversation, and an agreement was made for the purchase of a “girlfriend experience,” which entailed both oral and vaginal intercourse for $140.

Khant then attended the designated room, knocked on the door and was subsequently arrested.

A cellular phone and $140 cash were seized from Khant upon arrest.

In light of these incriminating details, a guilty plea from Khant, and an average risk designation for sex crime reoffence, the Crown sought a 90-day custodial sentence.

Prosecutors additionally emphasized the importance of sentencing parity, noting that other individuals charged under Project Juno received custodial sentences.

A discharge, in their view, could potentially undermine public confidence in the justice system.

Justice O’Marra saw things differently, however, citing potential “collateral consequences” in his decision.

“Mr. Khant is a permanent resident seeking Canadian citizenship and professional licensing,” O’Marra explained. “A conviction would not only delay his citizenship by four years but could also prevent him from sponsoring his wife and obtaining his engineering licence.”

O’Marra was appointed to the Ontario Court of Justice in 2016.

Other controversial decisions from O’Marra include a stay of proceedings in a heroin possession case due to a delay in the Crown providing evidence disclosure documents.

In another decision in 2020, O’Marra tossed firearm and more drug possession-related charges citing Crown delays, notably finding that the prosecuting attorney “simply forgot” to attend a pretrial conference.