A Yellow Cab driver sentenced to six months in jail for sexually assaulting an intoxicated, unconscious young woman has been released on $20,000 bail pending appeal.
In March, Victoria provincial court Judge Ernie Quantz convicted Baljinderjit Bhangu, a 30-year-old husband and father of two, of sexually assaulting his passenger in February 2014.
Quantz found that the woman, who had been out celebrating her 23rd birthday with family and friends in downtown Victoria, paid her $56 cab fare at 1:50 a.m. The young woman had been sick several times and became unconscious. She did not remember what happened until she was dropped off at home at 3:25 a.m.
Quantz found that photographs taken by the taxi’s interior security camera showed Bhangu touching the woman’s breasts and kissing her on the neck. Shortly after that, Bhangu flipped down the passenger sun visor, blocking the security camera. He dropped the young woman off at her house an hour after the camera was blocked.
The details of the sexual assault will never be known, said Quantz, imposing a jail sentence, followed by three years probation.
On Dec. 1, Bhangu’s lawyer Don McKay filed a notice of appeal against the conviction and sentence.
McKay argued that the judge erred by failing to consider the issue of reasonable doubt in the context of the young woman’s inability to recall the circumstances in any meaningful way.
McKay also argued that the judge failed to address important evidence related to his client. The six-month jail sentence was also unfit, said the defence lawyer.
On Friday at Bhangu’s bail hearing in B.C. Supreme Court, Justice Arne Silverman released Bhangu on $20,000 surety bail. This means no deposit was required, but if Bhangu breaches his conditions, his surety could be billed for up to $20,000.
The grounds of appeal are not strong but had some merit, said Silverman.
“He let Mr. Bhangu out on bail because he would serve his sentence before the sentence appeal was heard,” McKay explained. “He shouldn’t have to lose his sentence appeal while waiting for his conviction appeal.”
Bhangu was released on conditions not to have any contact with the young woman and not to drive a taxi between the hours of 9 p.m. and 6 a.m.
After his arrest, Bhangu was restricted from driving a taxi between 9 p.m. and 6 a.m. He lost his permit from Victoria police that had allowed him to pick up fares in Victoria and Esquimalt, but he could continue to drop off fares in those communities.
On Friday, Yellow Cab operations manager Surinder Kang said board members have decided that Bhangu will no longer be driving for the company.
“His driving privileges have been suspended indefinitely,” Kang said.
