A Bristol taxi driver who repeatedly gouged the head of a passenger with a spiked bangle has avoided a jail sentence.
Harpal Singh left customer Simon Lumber bleeding heavily from his scalp after the pair disagreed over the taxi fare and the victim refused to get out of the cab.
Mr Lumber was taken to hospital where his head was stapled.
Singh, aged 25, of Badminton Road, Downend, initially denied the attack but later pleaded guilty to a charge of assault occasioning actual bodily harm.
He was told he had come “very, very, very close to prison” and brought shame on his family and community as he was given a 12-month community order and ordered to carry out 100 hours of unpaid community work. Singh must also pay Mr Lumber £300 compensation and £100 towards prosecution costs.
Simon Enslie, prosecuting, told Bristol Crown Court how Singh, a private-hire taxi driver, wore his spiked bangle like a knuckle duster to attack Mr Lumber in the early hours of August 3 last year.
He said the married father-of-one was working in the centre of Bristol when Mr Lumber flagged him down and got in with others near College Green.
He drove towards Clifton but the defendant and his victim fell out when a request was made to stop in Westbury-on-Trym and Henbury, and the fare was asked for up-front.
Mr Enslie said the victim thought the fare was too much and the passengers were asked to get out. He said Mr Lumber stayed seated as the others got out and Singh lost his temper.
Mr Enslie said: “The defendant became aggressive and swore at the victim a number of times, telling him to get out of the taxi.
“Mr Lumber said the defendant reached forward and picked up a thick metal spiked bangle, got out of the taxi and went round to Mr Lumber’s door and swore at him.
“The defendant had put the bangle on his hand like a knuckle duster. Mr Lumber was too scared to get out of the taxi. The defendant leant into the vehicle to pull the victim by his shirt. Mr Lumber pulled back and said he would get out.
“He only managed to get halfway out when he was struck on the back of his head by the defendant. He fell into the car door and the defendant continued to strike the victim’s head.”
He said the pair then had a scuffle and the defendant’s turban fell off before police then arrived. They found Mr Lumber bleeding heavily from his head and one side of his shirt was said to have been saturated with blood.
The court heard that the defendant had been wearing two bangles. He hid the spiked one in his cab but was forced to retrieve it when officers said they would search the vehicle. His victim’s blood was on the metal.
Mr Enslie said Mr Lumber’s injured scalp was repaired with three staples.
He added: “As a result of the assault the victim will no longer go out in Bristol city centre and has lost confidence in Bristol taxis.”
Jason Taylor, defending, said on the night of the attack a “red mist” had come down and his client had acted out of character.
In a pre-sentence report Singh, who has a previous conviction for possessing a knife in a public place, was assessed as being at a low risk of re-offending. Mr Taylor said the conviction has meant Singh has had to re-think a planned career in law and now plans to study accountancy through the Open University.
A licensing hearing to determine whether Singh can operate as a private-hire taxi driver is due to be held this week.
Sentencing the taxi driver, Judge Carol Hagen said: “You have come very, very, very close to prison. I’m persuaded just that the recommendation in the (pre-sentence) report is the appropriate one to follow.”
Source: Bristol Evening Post
{ 6 comments… read them below or add one }
This story just demonstrates how training is needed firstly by the Police, because although the Police correctly identified the assault on the victim that was ABH, they failed to address the fact,that when the statement of facts were examined that Mr Harpel Singh was infact driving a Private Hire Vehicle,that cannot be flagged in the street,but must be pre-booked in advance through a Private Hire Operator Licenced Proprietor for the Bristol Area. These facts should have alerted the Police to the fact that the private hire vehicle and drivers insurance would have been invalidated by the flagging in the street. When Mr Harpel Singh made the decision to stop and pick-up,this was infact an illegal act.
The Crown Prosecution Service also failed to address these matters when considering,if a prosecution was to be taken against Mr Harpel Singh and what course of action was to be taken in this serious matter of Public Safety that was being considered by the Court.
The Judge Carol Hagen, in law can only sentence according to the charge stated,which requires the Solicitor to guide the judge to points of law for each case they are to pass judgement on.
It appears once again the lack of training of staff by the Authorities,to make staff aware of all the relevant points of law,have been a let down in the system for this reporting of the facts in this case for prosecution.
Take care all.
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
no worries @ thelighthousekeeper, the government have the answer, train taxi drivers !!!!!!!!!!!! oohhh and make us pay as well.
p.s. Re:- NORTH TYNESIDE has anyone been for an annual test lately and seen the bullshit in the conditions about the fire extinguisher ? hmmmmmm, i wonder which muggins has to pay to comply with their bullshit. I for one will be challenging them in court if they try to enforce it… comments from taxi licensing would be most welcome and comments from any taxi driver who has ever had to use an extinguisher would be most welcome.
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
@ffs,
I understand your frustration at the new fire extinguisher guidelines set out by North Tyneside Council, but unfortunately the law states that if a piece of equipment that is required by the Council Byelaws is in the vehicle, then it must be serviced to the standard yearly safety checks and be of classification(AFFF BS 5432 or EN 3)for our trade vehicle. The need to carry the fire extinguisher inside the cab of the vehicle is indeed outdated and the boot is now a very acceptable area of the vehicle for carrying such equipment, because we the driver cannot use the equipment safely under Health and Safety Laws from Europe that have been have decided.
Under Health and Safety Laws, it is a condition of use for the fire extinguisher that only a trained fire fighter should use such equipment. This is also the case with the first aid kit should you carry one of those, then no items should be issued to any injured person unless that person issuing is first aid qualified, reason for both of the above is an untrained person can be sued for their actions in law.
I do have a great deal of sympathy with you ffs, as we Hackney Carriage and Private Hire drivers are not fire fighters or first aid staff and nor do we wish to be unless the Council wishes to pay us a weekly retainer wage as most of us are Self-Employed drivers that have the right to decide if we wish to subject ourselves to expensive training that we would not recieve any income from as Self-Employed drivers, because we cannot charge to put out a fire nor can we charge to supply medical equipment to an injured person therefore meaning we cannot recoup our training costs through a range of payment charges in our industry.
SUMMARY
We should not have it as a condition of licence for a peices of equipment that the Government considers to be legislated by updated changes to Health and Safety Policies, therefore the need for such equipment that we are unable in law to use being subject to a condition of licence put upon us is somewhat outdated by new European Legislation.
Hope this is of some assistance to all that read it.
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
I don’t know any driver who kept their extinguisher in
the front of the car – mine is in the wheel well arch of my Vectra – it never really sees the light of day.
If there was a fire in the car I would use the same
advice that was given to me when I worked in a bank for
20 years – you are not a firefighter – get out asap and
only fight the fire with approved equipment only and only
if you are in immediate danger.
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
With all due respect to ur comment there hanger,the idea should be that the extinguisher is kept somewhere easy to hand,as in the event of a vehicle fire,theoretically it could buy you 5/10 seconds to clear the car.
I would rather have mine secured to the floor in the foot well somewhere,as i used to do when we did rallying.
Having said that,if my car caught fire,the equipment we carry would not be enough to fight a fire,most likely to be electrical…I would be more inclined to get the car stopped asap,and tell my passengers to run….don`t want to see anyone within 30 yards of the car,who isnt running.
As i was once told by a fire fighter,get everyone out and away,leave the car to burn….you cant fight it.
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade
I had one vehicle tested one week and was told to put extinguisher in front instead of the boot.
Following week, another vehicle was tested, and was told to do the reverse procedure. Both vehicles were Doblo’s.
At this point, I pulled Chris, the manager at the time, and asked for a Clarification. He wanted them in the back, with a sticker.
I ended up, screwing them to the rear door post above the parcel shelf, thereby not requiring a sticker.
When they were in the front, they were in the centre of the parcel shelf above driver and easily accessible.
I have seen an electrical fire consume a car within 10 min, another driver and I used Two Extinguishers at the start of it, they had No Effect.
In a Practical Situation, the extinguisher, we All carry would have very limited success and the best thing would be to get All Passengers Out Not forgetting Yourself.
The views expressed in this site do not necessarily reflect the views of TooManyTaxis or the general U.K. Hackney Carriage Trade