Ontario court rejects request for a shorter sentence that could have preserved his immigration appeal rights
An Indian-origin man who is a permanent resident of Canada has been sentenced to 15 months in prison after an Ontario court rejected his request for a shorter sentence in a case involving the sexual assault of a 15-year-old girl.
Harpreet Singh, 30, originally from Punjab, was convicted of sexual interference, making sexually explicit material available to a child to facilitate sexual interference, and exposing a person under 16 to sexual activity for a sexual purpose.
Singh had sought a sentence of 182 days in jail followed by two years of probation. His immigration lawyer argued that a sentence of six months or more could have serious consequences for his permanent resident status and potentially affect his ability to appeal a removal order before Canada’s Immigration Appeal Division.
Ontario Court of Justice Judge Joe Patrick Paul Fiorucci rejected the request, ruling that immigration consequences could not determine an otherwise appropriate criminal sentence. He sentenced Singh to 15 months in prison followed by three years of probation.
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The case relates to an incident on May 1, 2023, when Singh encountered the teenager on a city bus
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The court heard that he later followed her after they got off at the same location and assaulted her on a dark trail
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The teenager managed to resist and escape
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Her identity is protected by a publication ban
The judge described the circumstances as highly aggravating, noting the victim’s age and the serious impact of the incident. The court also heard that the girl experienced anxiety, panic and a lasting sense of insecurity following the assault.
Singh had undergone counselling and was assessed by a social worker as presenting a low current risk of sexual reoffending. However, the judge concluded that the seriousness of the offences and the harm caused to the victim required a substantial custodial sentence.
The ruling means Singh faces significant immigration consequences following his conviction and prison sentence.
