RECENT SUCCESSES
R. vs. B.L.T. - Vancouver Provincial Court
July 12, 2007
| Charge: | Production of Marijuana; Possession for the Purpose of Trafficking. |
| Issue: | Whether the search warrant was valid. |
| Result: | Not Guilty. After hearing Mr. Mines' submissions, the trial judge agreed that the warrant had been issued on the basis of misleading information. The search warrant was set aside, the evidence of the grow operation was excluded, and Mr. Mines' client was therefore able to avoid conviction and forfeiture of his residence to the Crown. |
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READ THE DECISION (PDF format) |
R. vs. H.B.M. - Vancouver Provincial Court
June 26, 2007
| Charge: | Failure to Comply with Probation Order (5 Counts). |
| Issue: | Mr. Mines' client was alleged to have breached no contact orders with his former spouse on 4 occassions. Credibility of the witnesses was in issue. |
| Result: | After considering the evidence and hearing Mr. Mines' submissions, the trial judge found Mr. Mines' client not guilty on 4 of the 5 charges. He placed Mr. Mines' client on Probation. (the Crown had originally sought a jail sentence). |
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READ THE DECISION (PDF format) |
R. vs. M.T. - Vancouver Provincial Court
June 19, 2007
| Charge: | Create Terrorism Hoax; Public Mischief. |
| Issue: | Whether, in the circumstances of the offence, it would be appropriate for the Court to convict Mr. Mines' client. |
| Result: | After lengthy submissions to Crown Counsel by Mr. Mines, Crown agreed to proceed on the lesser charge of Public Mischief. After hearing Mr. Mines' submissions, the Court granted his client a Discharge. |
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R. vs. T.G. - Vancouver Provincial Court
May 22, 2007
| Charge: | Assault; Mischief. |
| Issue: | Whether Crown Counsel would be able to proceed in the absence of a key witness. |
| Result: | Crown withdrew both charges on the trial date. |
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R. vs. H.B.M. - Vancouver Provincial Court
May 14, 2007
| Charge: | Possession of Cocaine; Possession of a Prohibited Weapon. |
| Issue: | Whether the police search, incidental to an investigative detention, was lawful. |
| Result: | Not Guilty. After hearing Mr. Mines' submissions the trial judge ruled that the search was unlawful. He excluded the drug and weapon evidence and dismissed both charges. |
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R. vs. G. M. - Vancouver Provincial Court
May 03, 2007
| Charge: | Assault Causing Bodily Harm. |
| Issue: | Whether the Crown had a reasonable likelihood of conviction. |
| Result: | After hearing Mr. Mines' submissions and considering its position, Crown Counsel withdrew the charge prior to trial. |
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R. vs. R.M. - Vancouver Provincial Court
April 30, 2007
| Charge: | Breach of Probation. |
| Issue: | Whether the clamp found in the possession of Mr. Mines' client was a "tool", contrary to his probation conditions. |
| Result: | Not Guilty. After hearing Mr. Mines' submissions, the trial judge found that the item was not a "tool" and dismissed the charge. |
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R. vs. A.R. - Port Coquitlam Provincial Court
April 10, 2007
| Charge: | Impaired Driving/Over .08 |
| Issue: | Whether police had lawful grounds to demand a breath sample which resulted in readings over the legal limit. |
| Result: | Not Guilty. After hearing Mr. Mines' submissions, the trial judge ruled the breath results inadmissible and dismissed both charges. |
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READ THE DECISION (PDF format) |
R. vs. Y.S. - Vancouver Provincial Court
March 23, 2007
| Charge: | Impaired Driving/Refuse Breath Test. |
| Issue: | Whether Mr. Mines' client had a lawful excuse for refusing to provide a breath sample. |
| Result: | After considering Mr. Mines' submission that the police officer made an unalwful breath demand, Crown Counsel withdrew the charges prior to trial. |
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R. vs. J.M.M. - Port Coquitlam Provincial Court
January 02, 2007
| Charge: | Assault. |
| Issue: | Whether, given the circumstances of the complainant's statement to police, there was a likelihood of conviction. |
| Result: | After submissions to Crown by Mr. Mines the Crown withdrew the charge. |
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