Long-time gangster loses appeal of sentence for assault

A long-time gangster who pleaded guilty to assault for a 2011 incident at a Chilliwack lumber mill has lost his appeal of a four-month sentence.

Manjit (Mike) Adiwal claimed on appeal that the trial judge made a mistake by relying on "unproven and disputed facts," according to a B.C. Court of Appeal ruling released Thursday.

And Adiwal said the judge didn't consider his prospects for rehabilitation.

But Appeal Court Justice Anne MacKenzie said the original judge knew the motive for the May 2011 attack was disputed and didn't consider it an aggravated factor at sentencing.

MacKenzie also dismissed an appeal by Adiwal's associate Preetpal Sangha, who got four months as well after pleading guilty to uttering threats.

"In my view, the appellants have not demonstrated that the sentences were in substantial and marked departure from the range of sentences imposed for similar offences and similar offenders," MacKenzie wrote. "I consider the judge properly exercised his broad statutory discretion and imposed fit sentences."

Her appeal court colleagues, Justices Nicole Garson and Edward Chiasson, agreed.

Adiwal pleaded guilty a year ago to assault for assaulting a man with whom Sangha had a dispute.

The Chilliwack mill was co-owned by Sangha's father and another unrelated man named Gurpreet Sangha, who was targeted in the attack.

The Crown alleged at trial that the younger Sangha got involved in a dispute his dad had with his business partner and brought Adiwal along because of his reputation in the criminal underworld.

MacKenzie noted that "Adiwal is a person who has had, and was known to have, a history of gang involvement with other Indo-Canadian youth in South Vancouver."

"The complainant was threatened with being shot. Adiwal slapped him about his head and pointedly asked the complainant if he knew who Adiwal was," she said.

"I consider it significant that the appellants used the intimidating effect of Mr. Adiwal's reputation, arriving with him and two other men to commit premeditated offences of a public nature, involving serious threats of death and shooting."

MacKenzie said the sentencing judge considered Adiwal's prospects for rehabilitation and noted he appeared to have turned his life around after his twin Peter was critically wounded in a targeted shooting in 2009.

Peter Adiwal was shot 26 times in a Burnaby parkade, but survived. No one has ever been charged in the attempted murder.

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read the full ruling here