Sentencing for driver Bhupinder Singh, who killed Christine Sandford, postponed by his claim of undue hardship in prison based on religion
He didn’t help his victim after his turban flew off, now this killer driver says he deserves leniency on account of his religious freedoms.
Police & Courts
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A killer muscle car driver who did not help his victim after his turban flew off on impact deserves mercy because imprisonment prevents him practising his religion, a court has heard.
Bhupinder Singh was scheduled to be sentenced in the District Court, on Friday, for causing the death of Christine Sandford by dangerous driving.
However, his counsel sent an 11th-hour email claiming Singh – who was remanded in custody two weeks ago – was already suffering “undue hardship” behind bars.
They said that warranted mercy but prosecutors disagreed, saying past cases made it clear religious issues were not sentencing considerations.
Judge Paul Muscat said he had difficulty accepting that stance.
“Offenders are sent to prison as punishment, not to be punished,” he said.
“I do consider the matters outlined in the email demonstrate hardship in a custodial environment due to his religious beliefs.
“What has occurred since he has been in custody will make his time in custody more onerous than would otherwise be the case.
“That’s clearly a personal circumstance for this defendant, like a mental illness would make a person’s sentence more onerous.
“I cannot see that I couldn’t take that into account … but according to the prosecution, that’s not the law in South Australia.”
Singh, 23, of Ottoway, pleaded guilty – after being told, by Judge Muscat, to stop “putting your head in the sand” – to causing Ms Sanford’s death by dangerous driving.
The car he was driving T-boned hers on March 18, 2023 but he did not aid her because the impact knocked his turban loose which was, to him, like being naked in public.
Singh’s counsel said he was deeply penitent and still could not understand “why he drove” his friend’s V8, 460 horsepower Ford Mustang “at such absurd speeds” of 160km/h.
On Friday, Judge Muscat said Singh’s lawyer, Paul D’Angelo, had written to the court about his client’s “undue hardship” in custody.
He did not outline the contents of that email, nor the specific claims made by Mr D’Angelo, but called them “quite plausible”.
Prosecutor Rowan Gulliver disagreed, saying he had taken advice from Director of Public Prosecutions Martin Hinton KC.
“We do not accept that these assertions show undue hardship, and the care of a prisoner is a matter for the Department for Correctional Services, not the court,” he said.
Mr D’Angelo said his email was “just common sense”.
“His religious leaders have told the court, previously, about the deep spiritual meaning and commitment in relation to the items of the Sikh faith and the practice of its religion,” he said.
“The evidence (of the past two weeks) is that he is unable to practice his religion and that’s squarely before the court now – I’m not projecting that’s it, I’m saying that’s it.”
Judge Muscat apologised to the families of Ms Sandford and Singh, saying he could not pass sentence until the dispute was resolved.
He urged Mr D’Angelo to speak with Mr Hinton, and remanded Singh in custody until next month.