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

A overview concept drawing of the Central District and its City Plaza, Gateway and Kennedy Heights neighbourhoods included in the Mayor’s Housing Task Force for Scott Road report. (City of Delta photo)
Walkable mixed-use neighbourhoods focus of task force’s vision for Scott Road

Report by Mayor’s Housing Task Force for Scott Road was presented to Delta council on Monday

The number of new COVID-19 cases has risen sharply in Vancouver and the Fraser North region over the last week.
Chart: Tyler Olsen
CHARTS: Weekly COVID-19 case double in Fraser North health area, up 50% in Vancouver

The number of new COVID-19 cases has risen sharply in Vancouver and the Fraser North region.

A total of 6,967 vote-by-mail packages were issued in Delta North during the 2020 provincial election, representing just over 18 per cent of the 37,998 registered voters in the riding. As of Thursday, Oct. 29, 3,825 certification envelopes have been received by officials in the riding ahead of the final count on Nov. 6. (Liam Harrap photo)
Over 3,800 mail-in, absentee ballots received in Delta North to date

6,967 vote-by-mail packages issued in the riding, representing over 18 per cent registered voters

tease photo
Food truck desserts from Prague ‘pop up’ at Surrey shopping mall

The Praguery offers a modern take on a traditional pastry

Kristjon Olson in a photo released by Surrey RCMP.
High-risk offender back in custody facing child-porn charges, Surrey Mounties say

News of Kristjon Otto Olson’s arrest is posted to Surrey RCMP’s website

Sooke’s Paul Larouche enjoys gold panning along the Sooke River, looking for small treasures. (Aaron Guillen/News Staff)
VIDEO: Island man finds niche audience by gold-panning on YouTube

Paul Larouche, 29, with over 215,000 subscribers, opens up about his journey

This house at 414 Royal Ave. became notorious for its residents’ and visitors’ penchant for attracting police. It was also the site of a gruesome torture in August 2018. It was demolished in 2019. KTW
6-year sentence for Kamloops man who helped carve ‘rat’ into flesh of fellow gang member

Ricky Dennis was one of three men involved in the August 2018 attack

Among the pumpkin carvings created this year by Rick Chong of Abbotsford is this tribute to fallen officer Cont. Allan Young.
Abbotsford pumpkin carver’s creations include fallen police officer

Rick Chong carves and displays 30 pumpkins every year

An online fundraising campaign in support of the six-year-old boy, Edgar Colby, who was hit by a car on Range Road Oct. 25 has raised more than $62,000 in a day. (Submitted)
$62K raised in 1 day for boy in coma at BC Children’s after being hit by vehicle in Yukon

The boy’s aunt says the family is “very grateful” for the support they’ve received from the community

The Excelsior 4 are set to make their second court appearance in Abbotsford on Monday (Nov. 2). (Ben Lypka/Abbotsford News)
‘Excelsior 4’: Animal activists set to enter not guilty plea in Abbotsford hog farm case

Animal rights activists expected to plead not guilty to charges, protest for Vancouver scheduled

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Dennis Cholowski shows off a Jordan 2 Retro Just Don Blue sneaker, the type of shoe only a true sneakerhead would appreciate. (Facebook photo)
VIDEO: Chilliwack Chiefs alum Dennis Cholowski shows off ‘sneakerhead’ collection

The Detroit Red Wing has been spending his NHL paycheques building up an impressive closet of shoes

Health care employees take extensive precautions when working with people infected or suspected of having COVID-19. THE CANADIAN PRESS/Chris Young
WorkSafeBC disallows majority of COVID-19 job injury claims

Health care, social services employees filing the most claims

Vancouver Symphony Orchestra Maestro Otto Tausk. (Photo: vancouversymphony.ca)
50/50 lotto players buck up for Metro Vancouver musicians hit hard by COVID

‘Rapidly growing jackpot’ for VSO’s 50/50 draw as they go online with TheConcertHall.ca

Most Read