SA Uber driver Musabbir Ahmed’s appeal dismissed over indecent assault of 15-year-old girl passenger
A Supreme Court judge has dismissed an appeal by an Uber driver who claimed his six-month sentence for assaulting a 15-year-old girl was “excessive”. Read what he did.
An Uber driver who propositioned a vulnerable customer for sex and indecently assaulted her will remain in custody after his appeal fell flat
Musabbir Ahmed was slammed for breaching the trust of a 15-year-old girl after he argued a good behaviour bond was appropriate for his vile actions.
Ahmed was sentenced to six months jail in the Port Adelaide Magistrates Court in May after pleading guilty to one count of aggravated indecent assault.
He appealed to the Supreme Court that the sentence imposed was manifestly excessive or that the magistrate erred in failing to impose a good behaviour bond, as a suspended or home detention sentence were precluded.
In her judgment, Auxiliary Justice Katrina Bochner said Ahmed, who was 37 at the time, was working as an Uber driver in February 2024.
At around 2am he picked up the 15-year-old victim, who according to Ahmed was having a panic attack.
The court heard Ahmed stopped the car part way through the journey and asked the victim to sit in the front seat.
“While he was driving, Mr Ahmed reached over and touched the victim’s breast under her top and asked her to have sex with him,” Auxiliary Justice Bochner said.
Ahmed then drove to a nearby McDonald’s and purchased food for the victim.
“He then parked in a carpark and reached under the victim’s bra and touched her breast again,” Auxiliary Justice Bochner said.
“When she pushed his hand away and said, “no”, he stopped. He then drove her home.”
The court heard it was accepted by the sentencing magistrate that Ahmed believed the victim was in her twenties and did not realise that the first act of touching was without consent.
The magistrate rejected the submission by Ahmed’s counsel that a bond was appropriate.
In his appeal, counsel for Ahmed, submitted that he had no prior convictions and that the offending occurred in the context of loneliness, distress and alcoholism, following a divorce from his wife and separation from his son.
It was also submitted that Ahmed was remorseful for the offending and imprisonment would likely have an adverse effect on his rehabilitation.
However, Auxiliary Justice Bochner found there had been no error by the magistrate and dismissed the appeal.
“The victim was a vulnerable young person … She was entitled to trust him to convey her to her destination without the risk of indecent assault,” she said.
“This trust was breached.”
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Originally published as SA Uber driver Musabbir Ahmed’s appeal dismissed over indecent assault of 15-year-old girl passenger
