B.C. Court of Appeal in Vancouver. (Photo: Tom Zytaruk)

B.C. Court of Appeal in Vancouver. (Photo: Tom Zytaruk)

Surrey criminal’s dangerous offender designation set aside by appeal court

Jatin Patel’s indeterminate sentence was also set aside by the Court of Appeal. A new hearing has been ordered

Jatin Patel has had her dangerous offender designation and indeterminate sentence set aside by the Court of Appeal for British Columbia on a split decision after challenging it in court.

“I will refer to her as female but at the time of the offences, she identified as male,” Justice Anne MacKenzie stated in her March 18 reasons for decision.

A new dangerous offender hearing has been ordered.

A jury on April 1, 2016 found Patel guilty of two counts of sexual interference of a person under age 16 and two counts of sexual assaulting a 13-year-old girl in a Surrey motel room after supplying the child with crystal methamphetamine. The counts of sexual interference were conditionally stayed.

Patel was also found guilty of sexual assault and sexual interference for grabbing or pinching a 13-year-old girl’s bottom while the child was shopping with her mother and brother at a Safeway grocery store in Surrey, and was convicted of manslaughter for the May 2003 slaying of a transgender prostitute in North Vancouver.

The killing happened one day after Patel arrived in Canada following deportation from the United States.

“They went to a motel in North Vancouver where the appellant said she discovered the worker was transgender,” MacKenzie noted. “Upset with this discovery, the appellant killed the worker by striking her throat. She placed the body in a closet and left it there for days.”

The judge noted Patel eventually moved the body to a shopping cart near the motel. Patel, whose life to this point had mostly been spent in jail, received a nine-year prison sentence minus time served.

On March 7, 2018 a judge declared Patel to be a dangerous offender and ordered an indeterminate sentence.

MacKenzie noted that judge found the aggravating circumstances to be “legion.”

“He found it difficult to find a mitigating circumstance.”

READ ALSO: Surrey dangerous offender twice deported to Canada from U.S.

READ ALSO: Man convicted of pinching girl’s bottom in Surrey Safeway loses second appeal

MacKenzie concluded that the judge “was justified in declaring the appellant a dangerous offender and imposing an indeterminate sentence in a penitentiary.

“In my view,” MacKenzie said, it was open to the judge “to conclude, based on the evidence, that no measure other than an indeterminate sentence would adequately protect the public.”

MacKenzie said, “In the result, I would dismiss the appeal.”

But two other appeal court judges, Justice Bruce Butler and Justice Gregory Fitch, decided to allow the appeal, set aside the dangerous offender designation and indeterminate sentence, and ordered a new dangerous offender hearing.

Fitch provided the written reasons why.

“In my view,” Fitch wrote, “the sentencing judge’s apparent reliance on the appellant’s previous conviction for manslaughter and other non-sexual offences in conducting a prospective assessment of the risk that she would likely continue to fail to control her sexual impulses in the future fatally taints his conclusion that she met the criteria for a dangerous offender designation” as set out in Section 753(1)(b) of the Criminal Code.



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

BC Supreme CourtSurrey

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Surrey Fire Service at a garage fire in the 14400-block of 82A Ave on March 22, 2021. (Photo: Shane MacKichan)
‘Perfect storm’ of variants, increasing COVID cases are concerning for Surrey fire chief

Between police and fire, Larry Thomas said there are 8 confirmed cases, 18 others isolating

Surrey Fire Service is on scene of a fire in the 12300-block of 72A Avenue Saturday morning (April 10). (Photo: Shane MacKichan)
Surrey crews on scene of house fire

It happened in the 12300-block of 72A Avenue

Emergency crews on scene after a small plane crashed in a grassy area on the northeast side of Boundary Bay Airport Saturday morning (April 10). A freelancer said the plane caught fire and one person was transported to hospital by BC Emergency Health Services. (Photo: Shane MacKichan)
Small plane crashes at Delta’s Boundary Bay Airport

Plane appears to have suffered ‘significant’ damage, says freelancer

Signage on a South Surrey sidewalk reminds pedestrians to respect social-distancing guidelines. (Photo: Tracy Holmes)
Surrey records 4,400 COVID-19 cases in March

New cases almost doubled between February, March

Surrey RCMP are looking for these two men after a bank in the 12800-block of 96th Avenue was robbed on March 12. (Images: Surrey RCMP)
Police release images of two men suspected of robbing Surrey bank

Robbery happened on March 12 at bank in 12800-block of 96th Avenue

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

A vehicle that was driven through the wall of a parkade at Uptown Shopping Centre and into the nearby Walmart on April 9 was removed through another hole in the wall later that night. (Photo via Saanich Police Department and Ayush Kakkar)
Vehicle launched into B.C. Walmart removed following rescue of trapped workers

Crews cut new hole in parkade wall to remove vehicle safely

Four members with Divers for Cleaner Lakes and Oceans were out at Cultus Lake on March 28 and 29 hauling trash out of the waters. (Henry Wang)
PHOTOS: Out-of-town divers remove 100s of pounds of trash from Cultus Lake

Members of Divers for Cleaner Lakes and Oceans hauled out 470 pounds of trash over two days

As of Saturday, April 10, people born in 1961 are the latest to be eligible for a COVID-19 vaccine. (Black Press files)
B.C. residents age 60+ can now register to get their COVID-19 vaccine

Vaccine registration is now open to people born in 1961 or earlier

A new saline gargle test, made in B.C., will soon be replacing COVID-19 nasal swab tests for kids. (PHSA screenshot)
Take-home COVID-19 tests available for some B.C. students who fall ill at school

BC Children’s Hospital plans to provide 1,200 kits to Vancouver district schools this April

Ruming Jiang and his dog Chiu Chiu are doing fine following a brush with hypothermia that saw several people work together to get them out of the Fraser River near Langley’s Derby Reach Park on March 25, 2021 (Special to the Advance Times)
Man finds men who rescued him from drowning in B.C.’s Fraser River

A grateful Ruming Jiang says he will thank them again, this time in person when the pandemic ends

The 10-part Netflix series Maid, which is being exclusively shot in Greater Victoria, was filming near Prospect Lake in Saanich last month. (Photo courtesy Fred Haynes)
Province announces $150,000 towards film studio, fulfilling B.C. NDP promise

Investment to fund movie studio feasibility study at Camosun College

Tyson Ginter, 7, is proud of his latest Hot Wheels he recently received by Quesnel RCMP Const. Matt Joyce. (Photo submitted)
B.C. Mountie handing out toy cars to light up children’s faces

‘A lot of times it will be the only interaction they have with the police,’ says Const. Matt Joyce

People stroll through rows of tulips in bloom during the Tulips of the Valley Festival on May 2, 2017. The colourful spring event, now called Chilliwack Tulips, opens on Sunday, April 11, 2021. (Jenna Hauck/ Chilliwack Progress file)
Fraser Valley tulip attraction returns this weekend for 1 month

More than 6.5 million bulbs in all at this year’s colourful Chilliwack Tulips event

Most Read