Vancouver Island man who held woman captive sentenced to 5 years, 3 months in jail

Credit to Author: Ken Bradshaw| Date: Tue, 07 Jan 2020 14:36:23 +0000

A North Cowichan man who assaulted a woman, bound her and held her captive for hours has been sentenced to five years and three months in jail followed by two years of probation.

Kehar Sangha pleaded guilty to aggravated assault with a weapon and forcible confinement of a North Cowichan woman in April 2017.

On Monday, provincial court Judge Roger Cutler called the offence “most disturbing” and sentenced Sangha to five years and three months on each count. The sentences are to be served concurrently.

The victim, whose identity is protected by a court order, was Sangha’s tenant and lived in an outbuilding on his farm, Cutler noted in his ruling.

On April 7, 2017, Sangha’s home was broken into and a number of items were stolen, including $2,000 in cash, cocaine and heroin.

For some reason, Sangha came to believe that the victim, a vulnerable heroin addict, was involved in the theft. Shortly after the break-in, she went to Sangha’s house to pay her rent. Sangha struck her numerous times in the face, head and body with his fists, feet and a piece of wood. He bound her at her wrists and ankles with belts, wires and zap straps, said Cutler. The woman was tied to a chair and also handcuffed at the wrists.

At one point, she managed to escape, but was recaptured by Sangha. Eventually, she was able to flee to a neighbouring residence when Sangha relaxed his determination to confine her.

It is unclear how long the woman was confined.

Lawyers in the case estimate it was about five to six hours.

The woman’s injuries were considerable. She had a broken cheekbone, bruising and swelling to her face and lacerations, bruising and swelling to her arms and legs, Cutler noted.

She was hospitalized for more than two weeks and had surgery to repair her cheekbone, She has also been treated for loss of sight, chronic pain and post-traumatic stress.

“There is no question illicit drugs played a role in this incident,” said Cutler. “The victim was a heroin addict and the offender was using cocaine leading up to the offence and during the offence.”

At the time, Sangha’s farm was being used as a drug den where addicts could feed their habits, said the judge.

“For those residing in our bucolic valley, this incident is both upsetting and unsettling. It is yet again another illustration of the consequences of addiction to illicit narcotics.”

“This courthouse is witness to the tragic consequences on a daily basis,” said Cutler.

Court-imposed sanctions provide some deterrence, but more must be done by elected officials, said Cutler. And those who work to help people with addictions also need more support, he said.

Cutler found the aggravating factors at sentencing to be the use of a weapon, the severity of the assault, the length of the confinement and the victim’s extensive injuries. The use of physical restraint to control the victim is also an aggravating factor because of the physical and mental torment.

The judge found Sangha’s guilty plea to be a mitigating factor. Also mitigating is Sangha’s past tumultuous life. His partner, the mother of his two children, died, leaving him ill-equipped to look after his children.

Despite financial success realized through hard work, Sangha has had significant hardship in his life which has resulted in substance abuse.

He was also kidnapped, said Cutler.

Sangha’s life is something of a paradox, said the judge. He has been productively engaged in the community, volunteering his time to charitable groups and was a Kinsmen president. But he has also had to overcome numerous setbacks and turned to drugs, with frequent relapses.

Cutler said he accepts that Sangha is remorseful.

The judge gave Sangha, who has been in jail for almost three years, credit for 1,500 days of pretrial custody. This means he must serve close to 14 more months in jail.

While on probation he must have no contact with the victim. He must take counselling for anger management, alcohol or drug abuse as directed by probation officer and he must provide proof of his attendance at assessments and counselling. Cutler also ordered him to provide a sample of his DNA.

ldickson@timescolonist.com

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