Former Newfoundland cab driver sentenced to 22 months for sex assaults

ST. JOHN’S, N.L. — A former Newfoundland cab driver has been sentenced to 22 months in jail for sexually assaulting two young female passengers in March 2016.

Lulzim Jakupaj was sentenced Wednesday to two months for forcibly kissing two women, and another 20 months for groping one of them as he put his arm across her throat. His name was also added to the national sex offender registry.

Justice Rosalie McGrath of the Supreme Court of Newfoundland and Labrador said the offences were on the lower end of the spectrum for sexual assaults.

“The fact that the offender taxi driver was in a position of trust towards young, female passengers is a significant aggravating factor,” said McGrath. “While sexual assault is a violent crime, I must also recognize that sexual assault encompasses a wide range of conduct.”

Both passengers were young women under 25, who had been out drinking in St. John’s when they got in Jakupaj’s cab, court heard.

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McGrath said she also considered the rehabilitation programs Jakupaj participated in while incarcerated, and his expressions of remorse.

Jakupaj’s is already serving a four-year sentence at Her Majesty’s Penitentiary in St. John’s for a break-and-enter incident in May 2016, when he followed another female passenger into her home.

McGrath said the break-and-enter conviction did not factor strongly in her sentencing decision as the incident took place after the assaults.

The 34-year-old’s sentence is in line with recommendations from his lawyer, Amanda Summers.

During a sentencing hearing in late March, she argued that her client should serve less time than the Crown’s recommendation of two to three years in prison.

She also argued that Jakupaj’s “horrible” upbringing as a child soldier during the war Kosovo should be taken into consideration.

Crown lawyer Dana Sullivan told the court in March that “all sexual assaults are violent,” arguing for a longer sentence and a lifetime on the sex offender registry.

In court Wednesday, Jakupaj remained silent with his hands clasped. He chose not to comment before he was escorted out of the courtroom.

Crown and defence lawyers also declined to comment.

McGrath said she considered other cases dealing with crimes of similar severity, as well as Jakupaj’s personal statements and a letter she received regarding his conduct in prison. However, she said these shed little light on the motivation behind the assaults.

“At this point, I cannot see that Mr. Jakupaj has demonstrated any significant degree of insight into his actions,” McGrath said.

Holly McKenzie-Sutter, The Canadian Press