Latest news with #Khant
Hamilton Spectator
4 days ago
- Politics
- Hamilton Spectator
Controversy after two newcomers to Canada receive no jail for GTA sex offences
Debate is raging online about two criminal cases involving newcomers to Canada being found guilty of sexual offences yet being sentenced to no jail time, with one key divergence. In one case, the permanent resident was spared jail time, despite aggravating circumstances, so that his ability to sponsor relatives to come to Canada would not be impacted. In the other, a foreign national in Canada on a student visa was given no jail time, yet his crimes might still result in his removal from Canada. Much of the controversy is being pushed by some who feel the punishments do not fit the crimes. The first case involves Samarpreet Singh, a Bell technician working inside a woman's home exposing himself for some 20 minutes while asking inappropriate questions about the victim's physical attractiveness, including telling her she was 'beautiful' and asking if she had a boyfriend. Singh, a resident of India on a work permit, was handed 90-days house arrest, followed by probation for 12 months. The victim in the case said she feels 'tethered' to the incident and moved out of the area entirely due to the trauma. Singh's defence argued he should be spared a custodial sentence (house arrest and above) as it would impact his immigration status. However, Justice Sean Gaudet said this would be contrary to the public interest. 'Given the aggravating factors in the case before me, I find a conditional discharge would be contrary to the public interest and would fail to suitably address the principles of general deterrence and denunciation,' he said. 'A discharge allows for an offender to avoid a criminal conviction. Future employers of Mr. Singh should be aware that he committed this offence in the course of his employment. A custodial sentence is required.' Singh will be allowed to appeal a removal order if one results from his conviction as is the case for any sentence below six months imprisonment. In the wake of the ruling, Conservative politician Michelle Rempel Garner suggested the man should be deported for his behaviour. 'This ruling is unreal,' she wrote on X, suggesting the judge went easy on him due to his immigration status. Then there's the case of Akashkumar Khant , who was convicted of trying to hire a 15-year-old as a prostitute during a sting operation where Peel police posed as a minor online. Despite his conviction, Khant originally from India, but now a permanent resident of Canada, argued his status should not be changed by the sentencing as he wants to bring his wife to Canada. '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,' Justice Paul O'Marra said. 'These consequences would be disproportionate to the offence and would undermine his rehabilitative progress.' Khant was sentenced to 12-months probation. Both men have plenty of mitigating circumstances, the first is a first-time offender at 23 and has no criminal record. The second has gone to counselling, pleaded guilty, has no criminal record and has a Master's degree. Judges further argued both are in a good place for rehabilitation. Veteran criminal lawyer Michael Spratt said both the Supreme Court as well as appeal courts have consistently said that sex crimes should achieve higher sentences than they have historically attracted. 'The Supreme Court has said recently that for sexually based offences, especially if it's involving offences against minors or children or the person is in a position of trust and authority, that sentences in the past have been too low,' he said. He added the Supreme Court has also ruled on Justices' abilities to rule in favour of lower sentences for immigration purposes. 'A sentence of more than six months incarceration would result in a removal order that would be not appealable. The Supreme Court said it is appropriate to sentence on the lower end of the scale to avoid some of those collateral consequences,' he added. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Time of India
6 days ago
- Time of India
'Canada is a joke': Indian engineer spared from jail after trying to buy 'girlfriend experience' from 15-year-old because...
An Indian man in Canada arrested for trying to buy sex from a 15-year-old but no charge was pressed against him. An Indian engineer in Canada, Akashkumar Narendrakumar Khant, who admitted to trying to buy sex from a 15-year-old girl, was given a conditional discharge by an Ontario judge, Canada's National Post reported -- sparking major outrage on social media with many people finding it difficult to understand any logic behind the verdict. The judge granted a conditional release to the Indian man to help him and his wife with their immigration status, as a conviction would lead delay in getting Canadian citizenship, and the judge said since they are not citizens, the man should not be punished according to the law that's applicable to citizens. In a decision on June 25, Ontario Court Justice Paul Thomas O'Marra said, '...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.' National Post reported that the conditional discharge includes three months of house arrest during which he can go shopping fr three hours every Sunday, attend religious services, medical appointments, and travel to and from work. Who is Akashkumar Khant ? What is the case? Khant immigrated to Canada from Gujarat, India, in 2019 to pursue a civil engineering degree. He got married in 2023 and his wife is in Canada on a work visa. In 2023, Khant contacted a sex trade advertisement that was created by the police to catch such offenders. During the conversation, the undercover police officer told Khant repeatedly that she was a 15-year-old girl. Khant was not discouraged but he hinted that if he got along with the 15-year-old well, then he would see her quite often. Then he purchased 'girlfriend experience" for $140 which included both oral and vaginal intercourse. When Khant reached the designated room, he was immediately arrested. The judge also noted Khant's above-average IQ, his first-time offender status, his modest and reserved nature and also his agreeing to take therapy. Canada's Aecon Group issued a statement distancing itself from accused Akashkumar and said he has not worked for Aecon dating back to before this particular incident took place.
National Post
7 days ago
- National Post
Jamie Sarkonak: Non-citizen johns shouldn't get sentence discounts for their crimes
Article content Logically, Khant would be getting a higher sentence if he were Canadian — which is why this sentencing practice is so deeply unfair. Article content O'Marra also found a lot of good in the accused, noting his above-average IQ, his first-time offender status, his lack of mental illness or criminal record, his 'modest and reserved' nature, and his low likelihood of reoffending (he did show 'some response to younger females' in phallometric testing, but he agreed to take therapy in light of the finding). Article content In the judge's eyes, these overcame Khant's flaws, such as his apparent intention to see the fictitious 15-year-old on a regular basis: 'we could do this a lot depending on how this goes,' he told the officer-in-disguise. After he was caught, he told the risk-assessment psychologist that he never intended to go for underage girls. Article content The judge was troubled, on the other hand, by what he characterized as 'evidentiary weaknesses' in the Crown's case: namely, 'a partial phone download, no direct link between the phone and Mr. Khant, and surveillance footage that failed to show him at the hotel room door.' Though, these concerns are questionable, as police should be able to testify to Khant's presence at the door, and because his phone was seized upon arrest (and was thus in his possession). Article content Taking all into account, O'Marra concluded, '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. These consequences would be disproportionate to the offence and would undermine his rehabilitative progress.' Article content This is an uphill battle. At the top end, Canadian law requires that judges take immigration consequences into account in sentencing 'provided that the sentence that is ultimately imposed is proportionate to the gravity of the offence and the degree of responsibility of the offender.' At no point did we explicitly legislate this: rather, in 2013, it was decided by the Supreme Court, in a judgment authored by now-Chief Justice Richard Wagner. Article content Lower down, we have to contend with courts that set soft precedents that later justify even softer decisions. Aside from Ontario's mandatory minimum strikedown for underage solicitation, Khant was assisted by a 2018 case in which a man was conditionally discharged for breaking his wife's arm on one occasion and, years later, threatening to kill her while pushing her head into a pillow. Article content Article content This is happening all around Canada. In Calgary last year, a man on a study visa was found guilty of groping a woman's genitals at a club; he was given a conditional discharge to lessen his chances of deportation. Article content
