A North Vancouver taxi driver has been spared jail time following his conviction for a sexual assault on a passenger.
The assault happened on Jan. 2, 2019, at Sḵwx̱wú7mesh Úxwumixw (Squamish Nation).
While they were briefly stopped, Deepak Sharma put his hand between his victim’s legs and attempted to place her hands on his crotch, the court heard at his March 9 sentencing in North Vancouver provincial court.
Sharma pleaded not guilty and testified at trial he was under the honest but mistaken belief that he had the victim’s consent, which provincial court Judge Patricia Bond rejected as not credible. Bond found Sharma guilty of sexual assault in June 2021.
The Crown sought a jail term of six to nine months, plus two years of probation for the 63-year-old. In their submissions, the Crown emphasized that Sharma was in a position of trust when he assaulted the woman, whose name is protected by a publication ban.
Bond said it would certainly be a factor in her decision.
“The courts have consistently held that taxi drivers stand in positions of trust in relation to their passengers, and that a sexual assault by a taxi driver is a serious violation of the trust relationship,” Bond said. “Women are entitled to just see a taxi as a place of refuge in which they can expect safety.”
The victim declined to offer a statement explaining how she had been impacted, for the court to consider, saying she just wanted to put the incident behind her.
Sharma’s defence argued a six-month conditional sentence, which would not have to be served in jail, was more appropriate given other sentences handed down in similar cases of sexual assault.
A psychological assessment before sentencing found Sharma acknowledged his behaviour was “grossly inappropriate.” It was also the psychologist’s opinion that Sharma is at a low risk to reoffend, something Bond agreed with.
Beyond that, Bond said she would also consider “humiliation and disgrace” Sharma brought on himself. Sharma was the president and founder of the Hindu temple in Abbotsford B.C., and a founding member of the Fraser Valley Hindu Cultural Society.
“He has lost his former standing as a respected community leader as a consequence of this offence. He has withdrawn from many of the volunteer activities and associations and lost many friendships arising from those activities,” she said. “Mr. Sharma feels ashamed when people recognize him or speak with him when he is out in public. … I find that the publicity surrounding this matter has altered the trajectory of Mr. Sharma, his life and identity in his own eyes, and in the eyes of his family, friends and community.”
Ultimately, Bond concluded Sharma’s offence was at “low end of the spectrum" of sexual assaults and handed down a conditional sentence of eight months, the first four months of which Sharma will be under house arrest. He will be allowed outside of his Abbotsford home only for work or medical emergencies.
“A jail sentence could not more eloquently express to Mr. Sharma the extent to which society denounces such conduct,” Bond said.
During the second half of his sentence, Sharma must complete 50 hours of community service.
Sharma will also be added to the sex offender registry for a period of 10 years, and must provide a DNA sample for the registry’s database.
