Khant pleaded to attempting an indecent act instead, which has a maximum penalty of two years’ jail. Crown prosecutors asked for 90 days, but they didn’t get their wish — and much of the reason why came down to the fact that the accused was not a citizen.Originally from India’s Gujarat state, Khant came to Canada in 2019 for school, specifically, a master’s of engineering. He finished in 2021 and obtained permanent residency in 2023. Also, in 2023, he married his wife, who is currently here on a work visa set to expire in September. This was an important consideration for Justice Paul Thomas O’Marra, who joined the Ontario Court of Justice in the Kathleen Wynne era."Mr. Khant is a permanent resident seeking Canadian citizenship and professional licensing,” wrote the judge. “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."These immigration and professional consequences are far more severe than those faced by (an offender in a similar previous case), who was a Canadian citizen with no such vulnerabilities. Courts have recognized that such consequences can justify a more lenient sentence, including a discharge.
Logically, Khant would be getting a higher sentence if he were Canadian — which is why this sentencing practice is so deeply unfair.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).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.
Just another piece of evidence that Canada is a dystopian shithole. Catch a predator in a sting trying to rape a teenage girl? Can't send him to jail, if we did that, he might not be able to stay in our country!
