A Hamilton, Ontario, man convicted of sexual offences against a 15 year old after following her onto a dark trail has failed in his bid for a shorter jail sentence that would preserve his right to appeal a potential deportation order
Harpreet Singh, 30, a permanent resident originally from Punjab, India, was convicted in the Ontario Court of Justice of sexual interference, making sexually explicit material available to a child for the purpose of facilitating sexual interference, and exposing himself to a person under 16 for a sexual purpose.
Singh sought a sentence of 182 days in jail followed by two years of probation, arguing that a longer sentence could have serious immigration consequences.
Justice Joe Patrick Paul Fiorucci rejected the request and instead sentenced Singh to 15 months behind bars followed by three years of probation, according to the National Post.
“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,” Fiorucci wrote in his September 15 decision.
“I find that such a sentence would be neither fit nor proportionate.”
Singh’s lawyer told the court that a sentence of 183 days or more could cost him the right to appeal a removal order and seek relief on humanitarian grounds.
Fiorucci acknowledged those potential consequences but ruled they could not justify reducing Singh’s sentence to a level he considered inadequate given the seriousness of the offences.
“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,” he wrote.
The offences occurred on May 1, 2023, after Singh and the 15-year-old girl, who didn’t know the man, travelled on the same Hamilton city bus.
According to the decision, Singh watched a sexually explicit video on his phone during the ride. Both exited the bus at the same location at approximately 11:23 p.m.
Singh then followed the girl onto a dark trail.
“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,” the decision states.
The teenager fought back, elbowing and pushing Singh away before fleeing.
Her identity is protected by a publication ban.
The court heard that the attack profoundly affected her sense of security. She described the offences as “humiliating, terrifying, and deeply violating” and said she subsequently experienced anxiety, panic and fear while using public transit and visiting places where she had previously felt safe.
Fiorucci characterized Singh’s conduct as “highly aggravating.”
“These were deliberate and predatory acts directed at a vulnerable child,” he wrote. “Mr. Singh’s degree of moral blameworthiness is high.”
The Crown had sought between 12 and 15 months in jail followed by three years of probation.
Fiorucci found that reducing the sentence to 182 days would “materially understate both the gravity of the offence and the offender’s moral culpability” and fail to adequately reflect the seriousness of the offences and the harm suffered by the victim.
Singh had no prior criminal record and received counselling following the offences. A social worker concluded that although historical factors placed him in an above-average relative risk category compared with other sexual offenders, he currently posed a low risk of sexual reoffending, according to the decision.
The judge also noted Singh had strong family and community support and had volunteered within his religious community.
However, Fiorucci gave somewhat less weight to letters submitted on Singh’s behalf because several supporters continued to maintain that he had not committed the offences.
Singh is single, has no children and was unemployed 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 proceeded.
Despite Singh’s rehabilitation prospects and the potential immigration consequences, Fiorucci concluded that reducing his sentence to 182 days would be neither fit nor proportionate.
Singh was ultimately sentenced to 15 months in jail followed by three years of probation.