CHARLOTTETOWN, P.E.I. — A 19-year-old man who was found guilty of attempted voyeurism after an incident in an all-gender bathroom at UPEI was recently given a conditional discharge.
Abin Tom appeared before Chief Judge Jeff Lantz in provincial court in Charlottetown for sentencing on one count of attempted voyeurism for which he was previously found guilty after a trial.
Tom was accused of trying to record a fellow UPEI student who was in a stall in a multi-gender washroom at the university.
The court heard the police seized two cellphones from Tom but weren’t able to access them to see if they held any images of the victim.
During a previous appearance, Crown attorney Jeff MacDonald told the court the victim said she is no longer a student at UPEI, partly because of Tom’s actions.
Tom is an international student from India who is in his second year at UPEI.
The court heard his immigration status and ability to continue studying in Canada was potentially in jeopardy, depending on his sentence.
In the Crown’s submissions, MacDonald sought a suspended sentence and said denunciation and deterrence had to be the primary focus.
The act of voyeurism is a violation of the victim’s bodily integrity, he said.
Although a suspended sentence wouldn’t have put Tom in jail, the court heard it might have had an impact on his immigration status.
Defence lawyer Alex Dalton requested a conditional discharge with a lengthy period of probation instead.
Dalton said a conditional discharge wouldn’t be contrary to the public interest.
After hearing the Crown and defence submissions, Lantz adjourned the matter for a week, saying there was a lot at stake and that he wanted to give it the consideration it deserved.
When the matter was back before him, Lantz said he wasn’t convinced a conditional discharge was contrary to the public interest.
With the discharge, Tom will be on probation for three years with several conditions, including that he stay away from all multi-user all-gender washrooms.
Tom must undergo any mental health treatment as directed, which could include a sexual deviancy assessment.
The probation order prohibited Tom from possessing or controlling any videos or photos of the victim.
Lantz also ordered Tom to perform 100 hours of community service or pay $10 per hour not completed to Blooming House women’s homeless shelter.
Ryan Ross is The Guardian's justice reporter.
