Permanent resident who sexually interfered with girl, 15, aimed to dodge deportation

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.

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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.

“During the ride, Mr. Singh watched a sexually explicit video on his phone,” according to the 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.

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. “She states that they fundamentally altered her sense of safety and security within her community. Before the offences, she felt comfortable travelling independently and using public transit. Following the offences, she experienced anxiety, panic, and fear in places that had previously provided her with a sense of comfort and familiarity.”

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. 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.”

The Crown was asking for 12 to 15 months of imprisonment and three years of probation.

The judge “considered the potential immigration consequences that may flow” from the sentence he handed Singh.

The circumstances of Singh’s offences are “highly aggravating,” said the judge.

“These were deliberate and predatory acts directed at a vulnerable child. Mr. Singh’s degree of moral blameworthiness is high. 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.”

Singh is single and has no 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.”

He was unemployed at the time of the sentencing hearing, but he was seeking work, particularly in the electrical field. “He has also volunteered within his religious community for several 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.”

Singh “benefits from strong family and community supports, which weigh in favour of rehabilitation,” said the judge. “However, I note that several of his supporters continue to maintain that he did not commit the offences. As a result, I place somewhat less weight on these expressions of support than I otherwise might.”

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.

“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. Continued therapeutic intervention was recommended.”

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