False statement to procure a passport

R. v. Kapoor

Sentence and the Crown's position

Crown asked6 months in custody1
Judge imposedSix months less a day in jail (179 days), then 3 years probation, concurrent on both counts1
1 day less custody than the Crown asked

What the law allows

Maximum2 years
Crown asked6 months in custody
Judge imposed6 months less a day in custody
For false statement to procure a passport (CC 57(2)), the Criminal Code currently allows up to 2 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 25% of the maximum. Read the section.

Sapna Kapoor was convicted by a jury of attempting to utter a forged passport application for her infant son and of making a false statement to a passport officer. The Crown sought six to 12 months in jail plus three years' probation, and the defence sought a conditional sentence. Justice Blok imposed six months less a day in jail followed by three years' probation, concluding that only actual jail time would meet the objective of specific deterrence.

In the judge's words

In these circumstances, I conclude that only actual jail time would meet the sentencing objective of specific deterrence.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: W.E. Dawson, Q.C.
Defence: P. Herrera (as Agent for B. Movassaghi)

Sources

  1. R. v. Kapoor, 2021 BCSC 2516 Court decision, CanLII, December 3, 2021[19] Turning to the Crown's sentencing submissions proper, the Crown submits that an appropriate sentence would be from six to 12 months in jail, plus three years' probation, with probation conditions crafted to minimize the risk of unauthorized removal of the child from Canada.[2] On January 8, 2021, a jury convicted Sapna Kapoor of attempting to utter a forged passport application, which was Count 1, and Count 2, making a false statement to a passport officer.[29] The Crown said the only mitigating circumstance is the fact that Ms. Kapoor has no criminal record.[59] In these circumstances, I conclude that only actual jail time would meet the sentencing objective of specific deterrence.[61] Accordingly, Ms. Kapoor, I sentence you to a jail term of six months less a day, or 179 days, followed by a three year probation order. … [62] As the offences are essentially part of the same offending, the sentences will be the same for each count and they will be concurrent.
  2. Criminal Code, s. 57 Record, Justice Laws Website
  3. R. v. Kapoor, 2021 BCSC 2516 Court decision, Courts of British Columbia

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