A serial shoplifter who repeatedly breached the terms of release and probation by shoplifting from Penticton businesses was sentenced to 390 days in jail.
Kasim Daniel Khan, who has a PhD in geology, was sentenced in Penticton Provincial Court on July 28 after he pleaded guilty to six different theft charges and multiple breaches of probation and release orders.
Shoplifting from Safeway in January, March and April of 2024, shoplifting from the Angry Otter Liquour Store and Men's Work Warehouse in January of 2025, and breaches, including failing to report to his probation officer after his release and going to the Safeway despite being barred from being there.
The thefts occurred after Khan was released from jail on previous theft charges on Dec. 16, 2023. Those previous charges included repeatedly stealing from the Penticton Safeway.
"It's clear that Dr. Khan just walks past staff who are trying to intervene and stop him, walks into the back area, and then just appears to casually walk out into the back parking lot with the items," the Crown said of one of the recent Safeway thefts.
Similarly, Khan's shoplifting from the liquor store involved picking up a bottle of whisky and walking out, and from the Men's Work Warehouse he put on a new pair of boots, tried on a new coat, and then walked out the front door despite staff trying stop him, and both occurred while out on bail for the other thefts.
Defence argued that since coming to Penticton in 2018, Khan has been living on income assistance and that he had turned to theft in order to feed himself.
"Stealing seven trays of steaks is for sustenance? Stealing the bottle of whisky is for sustenance?" questioned Wyatt.
Defence responded by stating that some of the stealing was to share with other unhoused individuals, and that the whisky and the coat had been to keep himself warm in January.
That argument did not sway Judge Wyatt, who said that, based on her experience in court, there were many services throughout the valley that Khan could have turned to instead of stealing.
"Even in the pre-sentence report, it indicates that Dr. Khan has been offered various options to work with agencies for employment and accessing services, but that he has rarely indicated his willingness or has rarely engaged with such programs," said Wyatt. "What the court cannot do is to condone a person whose behaviour who repeatedly victimizes a business in the brazen way that Dr. Khan did with Safeway in particular."
Khan addressed the court and said that he had hated stealing, that he was not proud of what he did, that he had never intended to harm anyone or be a nuisance and that he recognized that his actions had made him such a thing in Penticton.
Judge Wyatt noted in her reasons that Khan denied having a significant substance use disorder in the pre-sentence report, denied having any mental health condition and did not cooperate or engage with community corrections.
She further took issue with Khan's statement, in particular, what he said about shoplifting.
"Doctor, you tell me you don't like stealing, the very day you asked the manager and the prevention officer at Safeway if they could drop the charges against you, you then proceeded to steal a sandwich from the deli," Judge Lisa Wyatt noted. "What that indicates to this court is that you feel that you're above the law."
After taking into account the time already spent in jail, Khan has another 73 days in his stay in custody, which may be extended further.
Khan will return to court later in 2025 to face trial for an alleged theft from Staples and an alleged assault, both taking place in Penticton on different days in 2024.
Judge Wyatt also levelled a no-go order on Khan following his release, barring him from being present at the Apple Plaza shopping mall, the Wal-Mart shopping mall complex, or Cherry Lane, including the parking lot areas.
Khan expressed through his lawyer that he was willing to accept a no-go order for all of Penticton, as he plans to relocate to Armstrong, where he will be staying with a friend.
