Charge: Possession of Marijuana. Issue: Whether it was in the public interest to proceed with a criminal prosecution where our client was charged with possession of 5.5 ounces of marijuana. Result: We were able to persuade Crown Counsel to allow our client into the Alternative Measures Program. Upon competion, the Court dismissed the charge. No criminal […]
Charge: Driving without a Licence; Driving Contrary to Restriction (driving with blood alcohol). Issue: Whether our client’s Charter right to be tried within a reasonable time was violated. Result: Crown Counsel agreed with Mr. Johnson’s submission that the delay was a Charter breach. Both charges were stayed. No driving record.
Charge: Assault with a Weapon; Possession of a Dangerous Weapon; Uttering a Threat. Issue: Whether the Crown could prove aggravating factors; whether the complainant had provoked our client to threaten him with a machete. Result: We were able to persuade Crown to proceed only on the lesser offence of Uttering a Threat. After hearing Mr. […]
Charge: Theft Under $5000 (shoplifting). Issue: Whether, given our representations to Crown counsel regarding our client’s lack of intention to steal, there was a reasonable likelihood of a conviction. Result: Crown agreed to stay the charge prior to the matter being set down for trial. No criminal record or any other sanction imposed.
Charge: Sexual Assault. Issue: Whether Crown could prove that the complainant did not consent to the sexual activity in question. Result: On the eve of a 10 day trial, Mr. Johnson was able to persuade Crown counsel that there was no substantial lilelihood of conviction. In the circumstances Crown entered a stay of proceedings upon […]
Charge: Sexual Interference. Issue: Whether the Crown could prove that our client did not take reasonable steps to ascertain the age of the complainant. Result: Upon completion of a 5 day trial, the trial judge agreed with our submissions that the Crown failed to prove its case. Not guilty. No criminal record.
Charge: Theft Under $5000 (shoplifting). Issue: Whether it was in the public interest to proceed with the criminal charge. Result: Mr. Mines was able to persuade Crown counsel to allow our client into the Alternative Measures progream without any charge being approved. No criminal record.
Charge: Driving While Prohibited. Issue: Whether our client would receive the mandatory minimum 12 month driving prohibition. Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser offence of driving without a licence. Our client was sentenced to a $1000 fine. No driving prohibition.
Charge: Assault. Issue: Whether there was credible evidence that would amount to criminal conviction. Result: After considering Mr. Mines’ representations, Crown counsel concluded that there was no substantial likelihood of a conviction and declined to approve any charge. No criminal record.
Charge: 24 Hour Driving Prohibition (for alcohol). Issue: Whether there was sufficient proof that our client was the driver. Result: The adjudicator agreed with Mr. Mines’ submission that the police had not proved that our client had care or control of the vehicle. Driving prohibition revoked and removed from our client’s driving record.
Ryan, I am still in a bit of shock that this has been wrapped up (and favourably). We cannot put into words how much this means to us. This was almost two years of agony for us. To be accused of something so heinous, that you did not do…it was beyond awful. You were fantastic […]
A tentative hearing date of May 19, 2015 has been set for the Supreme Court of Canada to hear the case of Goodwin et al. vs. British Columbia (Superintendent of Motor Vehicles). This high profile case will decide whether the BC Supreme Court and the BC Court of Appeal got it right when they ruled […]
