RECENT SUCCESSES
R. vs. S.T. - Port Coquitlam Provincial Court
May 23, 2006
| Charge: | Impaired Driving/ Over .08. |
| Issue: | Whether the Crown could prove the accuracy of the breath tests. |
| Result: | Criminal charges withdrawn. Mr. Mines persuaded the Crown to proceed on a less serious Motor Vehicle Act charge. His client was fined and received no driving prohibition. |
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R. vs. C.B. - Vancouver Provincial Court
May 10, 2006
| Charge: | Assault x2 |
| Issue: | Whether Mr. Mines' client, an off-duty security guard, was acting in defence of another person. |
| Result: | Charges withdrawn by Crown Counsel after two days of trial. The evidence tended to establish Mr. Mines' argument that his client was protecting another person from assault. |
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R. vs. W.J. Richmond Provincial Court
April 25, 2006
| Charge: | Assault. |
| Issue: | Whether the police had properly obtained witness statements alleging an assault. |
| Result: | After Mr. Mines' consultations and negotiations with police and Crown Counsel, no charge was approved. |
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R. vs. M.S. - Vancouver Provincial Court
April 19, 2006
| Charge: | Possession of Cocaine. |
| Issue: | Whether the automobile search of Mr. Mines' client was lawful. |
| Result: | After Mr. Mines' consultations and negotiations with Crown Counsel, no charge was approved. |
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R. vs. J.H.T. - Vancouver Provincial Court
April 14, 2006
| Charge: | Possession of Stolen Property. |
| Issue: | Whether Crown could prove that Mr. Mines' client knew that the property (mountain bike) was stolen. |
| Result: | Charge Withdrawn. Mr. Mines was successful in persuading Crown of his client's explanation, making a trial unnecessary. |
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R. vs. P.H. - Merritt Provincial Court
April 11, 2006
| Charge: | Impaired Driving/ Over .08. |
| Issue: | Whether Crown was aware of its obligation to adduce evidence from a blood alcohol expert, given that the breath tests were taken outside the 2 hour limit. |
| Result: | Charges withdrawn by Crown. Complete stay of proceedings prior to trial. |
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R. vs. S.Y. - Richmond Provincial Court
April 06, 2006
| Charge: | Theft from Employer. |
| Issue: | Whether Mr. Mines' client would receive a conviction for stealing money from her workplace. |
| Result: | Conditional Discharge. After hearing Mr. Mines' submissions on his client's behalf, the Judge agreed that, even though this was a breach of trust situation, neither jail, nor even a criminal conviction was warranted. |
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READ THE DECISION (PDF format) |
R. vs. L.R. - Vancouver Provincial Court
March 23, 2006
| Charge: | Assault with a Weapon. |
| Issue: | Whether Mr. Mines' client was acting in self defence when she inflicted wounds to the arms of the complainant and damaged his jacket. |
| Result: | Charges withdrawn by Crown on the trial date. |
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C.J.L. vs. Translink et al - Vancouver Supreme Court
March 01, 2006
| Charge: | Civil Action for an Assault. |
| Issue: | Mr. Mines represented his client in a civil action against a Skytrain Police Officer and Translink for unlawful assault. |
| Result: | Damages awarded to Mr. Mines' client in range of $40,000.00, plus costs. The jury (after a 12 day trial) found Translink and its officer liable for assault. |
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R. vs. M.I. - Vancouver Provincial Court
March 01, 2006
| Charge: | Communicating for Prostitution. |
| Issue: | Whether, in the circumstances of Mr. Mines' client, it was in the public interest to proceed with the charge |
| Result: | After hearing Mr. Mines' submissions, Crown Counsel withdrew the charge. |
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