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

Thousands of ‘PPE’ donated in Surrey, where one care home is ‘preparing for the worst’

SafeCare BC’s Operation Protect drive involves drop-off dates in Guildford

Psychologist’s advice on parenting in the pandemic

SFU psychology prof Dr. Tanya Broesch, with expertise in child development, discusses short and long-term impacts COVID-19 pandemic is having on children and parents alike

‘Every little step counts’: Surrey businesses donate meals for frontline hospital workers

Surrey Hospital Foundation has now received more than $70,000 in donations

‘Shocking decision’: Surrey soccer club won’t offer refunds to 350 teams for cancelled tourney

Registration fees would top $171K for Surrey Mayor’s Cup, called off due to COVID-19

VIDEO: Dog missing in Aldergrove since winter sees his family again for the first time

Aldergrove helped find Buster, says dad, who has now witnessed ‘the power of social media’

Trudeau rejects mandatory stay-at-home order for now; COVID deaths up

The virus has now infected more than 10,000 Canadians and cost 130 their lives

B.C. health care workers gain access to virtual health care options

During COVID-19 many clinics have closed, leaving health care workers with nowhere to turn

Tax collectors, auditors to help field ‘historic’ numbers of benefit-seeking callers

‘If you work for CRA, people think we are just there to take money from your pockets.’

Cowichan couple won’t self-isolate after returning from overseas

New law requires 14 days of self-isolation when returning to Canada

Family uses social media to help truckers find places to eat during pandemic

Restaurants Serving Drivers in Western Canada seeks to provide a list of places open for drivers

Advocates sound alarm over COVID-19 limiting access to contraceptives, abortion

The COVID-19 outbreak has hit sexual-health services from almost every angle

Abbotsford man who tries to start gas-station fight gets sprayed with gasoline

Suspect returns with knife and throws it at victim, but is quickly arrested by police

Abbotsford family of 5 who was stuck in Vietnam is now back home

Janzen family sends ‘huge and heartfelt’ thank you to everyone who helped

Most Read