RECENT SUCCESSES
R. vs. C.H.C. Vancouver Provincial Court
January 19, 2005
| Charge: | Impaired Driving; Over .08 |
| Issue: | Whether Mr. Mines' client had "care or control" of the car. |
| Result: | Not Guilty. After hearing Mr. Mines' submissions, the trial judge had doubt that Mr. Mines' client was in care or control. |
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R. vs. C.K. - Vancouver Provincial Court
December 14, 2004
| Charge: | Exporting/Possessing Methamphetamine for the Purpose Of Trafficking. |
| Issue: | Whether Mr.Mines' client would be sentenced to jail for arranging to sell over $30,000 worth of "ecstasy" tablets to U.S. undercover agents. |
| Result: | After extensive negotiations with Crown, and after making submissions to the Court, Mr. Mines was able to obtain a 9 month Conditional Sentence Order for his client. |
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READ THE DECISION (PDF format) |
R. vs. P.W. - North Vancouver Provincial Court
December 09, 2004
| Charge: | Assault (after investigation for Murder). |
| Issue: | Whether Mr. Mines' client would be sentenced to jail in circumstances where the co-accused was charged with manslaughter. |
| Result: | After receiving Mr. Mines' advice during the investigation stage, the accused was charged with assault. Upon Mr. Mines' client pleading guilty, to an after hearing Mr. Mines' submissions, the trial judge suspended sentence and placed Mr.Mines' client on probation. |
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R. vs. S.M. - Surrey Provincial Court
October 04, 2004
| Charge: | Importing Over $10,000 Currency into Canada. |
| Issue: | Whether Mr. Mines' client, a U.S. citizen, would be released from custody and whether he would face incarceration upon conviction for importing approximately $500,000 U.S. cash. into Canada |
| Result: | After obtaining his clients' release from custody, Mr. Mines was able to persuade Crown Counsel to withdraw the criminal charge. |
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R. vs. Y.F. - Vancouver Provincial Court
September 28, 2004
| Charge: | Theft/Fraud Under $5,000. |
| Issue: | Whether Mr. Mines' client would be suitable for Alternative Measures in the circumstances of committing a fraud in the range of $3,000. |
| Result: | After hearing Mr. Mines' submissions and after his client Completed the Alternative Measures Program, the Crown withdrew the criminal charges. |
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R. vs. K.O. - North Vancouver Provincial Court
September 14, 2004
| Charge: | Impaired Driving/Over .08. |
| Issue: | Whether breath test readings and evidence of impaired driving would amount to conviction. |
| Result: | Criminal charges withdrawn. Mr. Mines persuaded the Crown to proceed on a less serious Motor Vehicle Act offence. Mr. Mines' client received a fine but was not prohibited from driving. |
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B.G. vs. Superintendent of Motor Vehicles
July 25, 2004
| Charge: | 90 Day Administrative Driving Prohibition. |
| Issue: | Whether the police had provided the Superintendent's office with a reliable and accurate report setting out why Mr. Mines' client should be prohibited from driving. |
| Result: | Driving Prohibition revoked upon review. The adjudicator ruled that essential information was missing, and allowed Mr. Mines' client to resume driving. |
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D.H. vs. Superintendent of Motor Vehicles
April 24, 2004
| Charge: | 90 Day Administrative Driving Prohibition. |
| Issue: | Whether the police have provided the Superintendent's office with a reliable and accurate report setting out why Mr. Mines' client should be prohibited from driving. |
| Result: | Driving Prohibition revoked upon review. The adjudicator ruled that the Report lacked essential information and allowed Mr. Mines' client to resume driving. |
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R. vs. R.A. North Vancouver Provincial Court
December 11, 2002
| Charge: | Manslaughter. |
| Issue: | What sentence would be appropriate for Mr Mines' client who confessed to killing a Squamish lawyer five years earlier. |
| Result: | After hearing Mr. Mines' submissions, the trial judge sentenced Mr. Mines' client to five years jail. |
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R. vs. W.D.H. - B.C. Court of Appeal
May 16, 2002
| Charge: | Uttering Threats. |
| Issue: | Whether Mr. Mines' client had been properly convicted at trial. |
| Result: | Conviction overturned on appeal. After hearing Mr. Mines' submissions, the Court of Appeal ruled that the trial judge had misdirected himself with respect to the legal elements of uttering a threat. READ THE DECISION |
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