Superior Court of Justice

HER MAJESTY THE QUEEN

v.

BALWINDER DHALIWAL

Reasons for Sentence

BEFORE THE HONOURABLE REGIONAL SENIOR JUSTICE M.K. FUERST

on February 20, 2019,

at NEWMARKET, Ontario

APPEARANCES:

V. Szirmak, M. Ventola Counsel for the Crown

K. Byers Counsel for Balwinder Dhaliwal

Wednesday, February 20, 2019

Reasons for Sentence

Fuerst J. : (Orally)

Mr. Dhaliwal was a member of, and played a major role in, a criminal organization. The activities of that organization centered around the obtaining of stolen motor vehicles, the re-vinning of their identification numbers, and their sale to unknowing legitimate purchasers at an obvious profit.

I agree with Crown counsel that denunciation and deterrence, general and particularly specific, are paramount factors in the sentence I impose today.

There are significant aggravating factors involved. This was a sophisticated operation. Tens of thousands of dollars’ worth of motor vehicles were involved. There were multiple victims, both those whose vehicles were stolen and those who paid for vehicles they did not know were not legitimately sold. Most aggravating of all, the conduct was not new for Mr. Dhaliwal. He has a substantial criminal record for similar crimes, and previous lengthy jail sentences, obviously, have not deterred him at all.

In mitigation, he pleaded guilty today, albeit very late in the proceedings, and well after a trial date was put in place. Nonetheless, his guilty plea is a sign of his remorse and willingness to accept responsibility for his offence. His plea is important because it will result in the saving of weeks, if not months, of valuable court time in this jurisdiction.

In all of the circumstances, I accept the joint submission.

I impose a sentence of six and a half years in jail on Count 2, less pre-trial custody credit, which is calculated to total four and a half years given the exceptional circumstances of Mr. Dhaliwal’s pre-trial custody. That leaves a sentence of two years to be served in the penitentiary.

I make a DNA order and I also make the forfeiture order as sought by Crown counsel.

FORM 2

Certificate of Transcript (Subsection 5(2))

Evidence Act

I, Tracey Beatty, certify* that this document is a true and accurate transcript of the recording of R. v. Balwinder Dhaliwal in the Superior Court of Justice held at 50 Eagle Street West, Newmarket, Ontario, on February 20, 2019 taken from Recording No. 4911_403_20190220_165544_10_FUERSTM.dcr which has been certified by A. Jagdeo in Form 1.

Tracey Beatty, ACT ID#7742785329

March 13, 2019

Transcript Ordered: February 27, 2019

Transcript Completed: March 13, 2019

Ordering Party Notified: March 13, 2019

(*this certification does not apply to these Reasons for Sentence which were judicially edited)