Canadian attorneys argue for lighter sentence for migrant who kidnapped 9-year-old so he can avoid deportation

Manoj Govindbalunikam, who has had permanent residency in Canada since 2013 appeared in a Sault Ste. Marie courtroom this week for his sentencing hearing after pleading guilty in May to one count of abducting a person under the age of 14. The charge carries a maximum penalty of 10 years in prison.

During the hearing, defense attorney Jessica Belisle and assistant Crown attorney Adrianna Mucciarelli made submissions before Ontario Court Justice Michael Varpio. The hearing included two written victim impact statements, one from the victim’s mother and another from the child, prepared with help from his aunt.

Tensions rose when Judge Varpio called for a recess to review the statements privately, prompting an objection from the boy’s mother, who insisted the statements should be read aloud first.

"It should be read in court, not him reading it before. I'm sorry, I don't approve of that," the mother said, according to Orillia Matters.

"I understand this is a very emotionally charged environment, but justice will be done in as calm and dispassionate fashion as possible," the judge replied.

Following the recess, Mucciarelli made submissions supporting the Crown’s recommendation for a two-year jail term with 18 months of probation. Belisle, meanwhile, requested a conditional discharge with three years of probation. She alternatively suggested that if her client receives jail time that he is sentenced to no more than six months minus one day. She argued that a longer sentence would trigger Govindbalunikam’s automatic deportation, as he is a permanent resident who has lived in Canada since 2013.

“I suggest we should take that into consideration,” argued Belisle.

Belisle also emphasized that while the abduction was a serious crime, the child was not physically harmed. She said her client has already spent two days in custody and has complied with 805 days of bail conditions.

Judge Varpio is set to deliver his decision on November 19, when he will also hear additional submissions from counsel. Following the hearing, the parents expressed frustration, with the father yelling “You’re a piece of sh*t” in the hallway.