Judge Clark allowed the media to take his photo but not to publish it until she made a ruling.
She released that reserved decision today, stating that Singh no longer opposed the photograph being published.
‘Put her seat in the recline position’
On February 11, 2023, the victim booked an Uber from the Speight’s Ale House to a Hamilton East house to meet up with friends.
There was initially some confusion about the pick-up point, and Singh initially went to the drop-off point before heading to the pub.
In what should have been a trip that took a matter of minutes, Singh instead turned off his GPS as he neared the destination and drove her to Peachgrove Rd.
Judge Clark found that his sexual interest in the victim was “piqued” immediately after asking the victim if she was wearing any underwear after her dress rode up her legs.
He then began touching and rubbing her thigh, despite the victim telling him, “No, can you not?”, and later, “Get off me”.
He then made the “deliberate decision” to turn off the GPS, which gave the impression that his trip had been successfully completed.
However, his vehicle was spotted by cameras travelling toward Peachgrove Rd.
It was then that he locked the car doors, reached over and put the woman’s seat in the recline position, before kissing her and touching her breasts.
He then climbed on top of her and raped her, which the victim described as “very rough and very hurtful”.
He then dropped her off at her friend’s house in a “distressed state”. She immediately called police.
Judge Tini Clark today released her reserved decision allowing media to print a photo of Hamilton Uber driver Satwinder Singh whom she jailed for seven years and two months for the rape and indecent assault of a 17-year-old customer in February 2023. Photo / Belinda Feek
Judge Clark rejected Singh’s defence submissions at trial that the sexual activity was either consensual, didn’t happen at all, or that he had rejected her advances.
‘She has an overwhelming rage inside of her’
The rape had a “significant” impact on the victim, the judge said.
In her victim impact statement, the victim recalled that on the night, she was excited to be leaving the pub and meeting up with friends.
Her friends were also excited and were waiting out on the street for her to turn up.
“This was a life-changing event,” the judge said.
“The victim should now be poised to leave home, attend university, and, instead, what I have read about is that she simply cannot do so because this event has made her feel like a completely different person.”
She now lives with her parents and doesn’t like leaving their property for too long, and the outside world now “feels unsafe and threatening”.
Being under the male gaze also makes her feel exposed and angry, while she has an “overwhelming rage inside of her”, which was only exacerbated by the trial process.
The judge felt that by defending the charges at trial, Singh was “trying to lie his way out of it”, which had only added to the hurt that he had already caused.
‘Prison would place an undue hardship on him’
At sentencing, Baier pushed for a hardship discount, saying that he would find jail harder as he was a Sikh Indian who had only lived in the country for 11 years.
“He, as you will see, is a follower of the Sikh religion, so prison would place a hardship on him as opposed to someone who was born and raised in New Zealand.”
He had also largely resided in a local Indian community.
However, the judge wasn’t convinced, citing the fact that he was an Uber driver in New Zealand.
If dispensation was granted, anyone who had English as a second language would then ask “for some sort of special credit”.
Baier said she couldn’t push her argument any further other than to say prison would be “disproportionately severe on him”.
‘There’s an expectation Uber drivers are vetted’
Judge Clark struggled to grasp the defence position, asking her to give discounts for his background factors, and yet still denying doing anything wrong.
However, she did, to some extent, accept Singh’s upbringing “may well have created in him a level of distorted thinking about how New Zealand women behave”.
“This is, of course, no criticism of the victim, but perhaps how he behaves towards women … and that can be traced back to his unfortunate upbringing.”
While the victim had been drinking, she was entitled to be taken safely to her friend’s house.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 11 years and has been a journalist for 22.