A Surrey man who stabbed a defenceless woman to death as she held her two-year-old daughter in her arm, and also stabbed the child and mother's 72-year-old father, will be deported with no right to appeal after getting out of prison.
Crown prosecutor Mark Bussanich argued for a "fit" prison sentence of 12 years, while defence lawyer Glen Orris submits that Harpreet Singh's crimes warrant no more than eight.
Singh was originally charged with second-degree murder in Baljit Kaur's death but pleaded guilty to the lesser included crime of manslaughter, as well as aggravated assault in the cases of Jagjit Singh, 72, and the child, who has only been identified as M.K.
All three were taken to hospital, where Kaur died.
Singh's sentencing hearing was held Thursday with Justice Martha Devlin presiding, in B.C. Supreme Court in New Westminster.
The attacks happened on Oct. 20, 2020 at a townhouse in the 12700-block of 66 Avenue in Newton.
Bussanich presented Devlin with aggravating factors that "push this case into that aggravated manslaughter category," namely that a knife was used and "the brutality of the killing.
"Baljit Kaur was stabbed repeatedly, resulting in injuries to her head, torso and leg, so it was all over her body. The attack began while Baljit Kaur was holding her two-year-old daughter, M.K. That put M.K. at risk of serious harm, a risk that was ultimately realized by the wound that she suffered," Bussanich told the judge.
"Mr. Singh continued the attack on Baljit after M.K. fell to the ground, even though M.K. was crying. The Crown says this is aggravating because you've clearly got an event that could have stopped this brutality – a realization that a child is now on the ground, crying. Yet Mr. Singh continues with his brutality," the prosecutor continued. "Mr. Singh also continued the attack despite Jagjit Singh trying to intervene."
Bussanich noted Kaur was "defenceless – she didn't have a weapon – and made even more defenceless by the fact that in one arm she was holding her child. The attack took place against a family member, this is a statutory aggravating factor."
The Crown noted Singh had no prior criminal record. "As a result of his conviction on all three counts, Mr. Singh's immigration status dictates that he will be deported without right of appeal."
Singh pleaded guilty almost four years after the crimes, after five trial dates were set. "I also submit that Mr. Singh cannot claim remorse as a mitigating factor," considering Singh told a doctor "he was justified in his actions and he expressed no empathy or remorse."
Nor can he point to mental illness or intoxication to reduce his culpability, Bussanich added. "Really, this is an issue about an inability to control anger."
"Again Mr. Singh was not psychotic, he was not under the influence of any drugs. He was just unable to control his anger and he acted impulsively."
"There was not deliberation but there was certainly time for him to consider his actions," Bussanich said. "What we agree on is that there was something said Baljit Kaur and Harpreet Singh upstairs. The only person who can relay what that was, that remains alive, is the offender."
He called it "clearly a near-murder" and "a significant aggravated manslaughter."
Meantime, Orris told Devlin that certain injuries Singh sustained in Australia had changed him, and his victims were "not dealing with the real person that they knew."
"It's that factor that distinguishes this case from the charge of second-degree murder, which he was initially charged with."
Orris noted Singh told people at the crime scene to call the police. "He has never said I'm not responsible for this."
He said he isn't certain if Singh will be deported to Australia or India once he's paroled, as his client is a citizen of both countries.
Singh didn't address the court.
Devlin reserved her judgment on sentencing to 9 a.m. Wednesday, Oct. 9.
