Our Successes
Assault and Threatening Charges
R. vs. N.R. – Sechelt Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Assault Causing Bodily Harm.
Issue: Whether it was in the pubic interest for our client to be sentenced to a conditional discharge for this offence which resulted in a serious facial cut to the complainant.
Result: Mr. Mines was able to steer our client through a course of rehabilitation and, after hearing Mr. Mines’ submissions, the Judge granted our client a conditional discharge. No conviction. No jail.
R. vs. S.K. – Surrey Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault; Assault with a Weapon, Breach of a Release Order.
Issue: Whether our client could be released on bail given Crown’s concerns for his willingness to attend court and potential to commit further offences.
Result: Mr. Johnston was able to persuade the Judge to release our client on the least onerous conditions.
R. v. S.C. – Vancouver Police Investigation
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Assault.
Issue: Whether there was credible evidence that would meet the charge approval standard.
Result: Mr. Gauthier provided information to the investigating officer that led the investigator to conclude that our client was not chargeable with a criminal offence. No charge approved. No criminal record.
R. vs. C.K. – Richmond Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault; Forcible Confinement (domestic).
Issue: Given the rehabilitative steps we were able to guide our through, whether it was in the public interest for our client to be sentenced to a criminal record.
Result: Mr. Gauthier was able to persuade Crown to proceed only on the assault charge and, after hearing Mr. Gauthier’s submissions, the Court granted our client a conditional discharge. No criminal conviction.
R. vs. E.W. – Fort Nelson Provincial Court
/in Assault & Threatening Charges, All Successes/by Mike MinesCharge: Assault (domestic).
Issue: Whether there was a substantial likelihood of a criminal conviction.
Result: Upon reviewing the allegations, Mr. Mines made representations to Crown counsel resulting in Crown agreeing that there was no reasonable prospect of convicting our client. No charges were approved. No criminal record.
R. vs. H.K. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault Peace Officer; Mischief Under $5000.
Issue: Whether it was in the public interest to proceed with criminal charges.
Result: Mr. Gauthier was able to persuade Crown counsel to allow our client into the Alternative Measures Program and to enter a stay of proceedings on both charges upon our client completing the program. No criminal record.
R. vs. S.P. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Mischief Causing Danger to Life.
Issue: Given the medical evidence Mr. Gauthier provided to Crown counsel, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.
R. vs. R.A. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Breaking & Entering; Unlawful Confinement; Assault.
Issue: Whether it was in the public interest for the prosecution to continue against our client, a U.S. citizen who was in Canada on a visitor’s visa.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on all charges upon our client agreeing to a Deportation Order. No criminal record.
R. vs. L.A. – New Westminster Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Breach of Probation (from domestic assault charge).
Issue: Whether it was in the public interest to prosecute our client for failing to report and complete counselling.
Result: Mr. Gauthier was able to guide our client back onto an alternative course of rehabilitation and persuaded Crown counsel to enter a stay of proceedings. No criminal conviction.
R. vs. M.K. – Richmond Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Uttering Threats; Extortion.
Issue: Given the age of the charges and the rehabilitative steps our client had taken, whether a jail sentence was appropriate.
Result: Mr. Mines was able to persuade Crown counsel to seek a non custodial sentence. After hearing Mr. Mines’ submissions, the Court granted our client a suspended sentence and placed him on probation for 16 months. No jail.
R. vs. K.A. – Western Communities Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Assault (domestic).
Issues: Given the information we provided to Crown counsel regarding the complainant’s past unlawful behaviour toward our client, whether there was a substantial likelihood of a conviction.
Result: As a result of the information we provided, Crown counsel withdrew the charge. No further bail restrictions. No criminal record.
R. vs. E.S. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault (by choking); Mischief.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Gauthier was able to provide information including our client’s counselling records to crown counsel and persuaded Crown to enter a stay of proceedings. No criminal record.
