Entries by Mike Mines

R. vs. L.W. – Vancouver Provincial Court

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Charges: Aggravated Assault; Breach of Undertaking; Assault police officer; Mischief to property.

Issue: Given the seriousness of the facial injuries to the complainant and the ensuing assault of the arresting police officer, whether a lengthy prison sentence was appropriate.

Result: Mr. Gauthier was able to steer our client through an extensive program of rehabilitation and, after gearing Mr. Gauthier’s submissions in a contested hearing, the Court granted our client a conditional sentence of only 3 months, followed by 2 years probation. No jail.

R. vs. M.S. – Burnaby RCMP Investigation

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Charges: Assault, mischief under $5000.

Issue: Whether it was in the public interest to proceed with the criminal prosecution.

Result: Mr. Mines was able to persuade the investigating  RCMP officer to allow our client tp apologize to the complainant through Restorative Justice. Police did not seek to have any criminal charges approved. No criminal record.

R. vs. I.K. – Vancouver Provincial Court

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Charge: Fraud Over $5000.

Issue: Whether our client would be sentenced to a jail for this $10,000 fraud from his employer.

Result: Notwithstanding that our client had a previous criminal conviction for a similar breach of trust offence, Mr. Gauthier was able to persuade Crown counsel to not seek a jail sentence. After hearing Mr. Gauthier’s submissions, the Court sentenced our client to a term of house arrest. No jail.

R. vs. K.Y. – Vancouver Provincial Court

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Charges: Assault by choking (x2); assault (x2); mischief under $5000.

Issue: Whether it was in the public interest for the Court to enter a conviction against our client.

Result: Mr. Mines was able to persuade Crown counsel to proceed on only one count of common assault and to stay all remaining charges. After hearing Mr. Mines’ submissions, the court granted our client a conditional discharge and placed him on probation for 12 months.No criminal conviction.

K.S.

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We were given the best gift just prior to Christmas. All my nephew’s charges were stayed! This was due to the exceptional counsel provided by lawyer Ian Gauthier of Mines and Company in Vancouver. His kindness, experience as a former corrections officer and his keen understanding of Canadian law resulted in the favorable outcome. This […]

R. vs. T.F. – Vancouver Provincial Court

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Charges: Theft Under $5,000, Obstructing a Peace Officer, Uttering Threats.

Issue: Whether a jail sentence was appropriate in all the circumstances.

Result: Mr. Johnston was able to direct our client to the appropriate community supports with respect to his rehabilitation. Given the positive change in our client’s circumstances, the sentencing judge accepted Mr. Johnston’s submission that a community based sentence was appropriate rather than the 60 jail sentence sought by the Crown. No jail.
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Hats off to our Ian Gauthier and all other contributors and editors of the newly published CanLii Criminal Law Ebook! Read Ian’s chapter on victim participation:  Ebook- Sentencing  

R. vs. B.K. – Port Coquitlam Provincial Court

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Charge: Assault.

Issue: Whether it was in the public interest for our client to be granted a conditional discharge.

Result: Mr. Gauthier was able to persuade Crown counsel to make a joint submission without the necessity of our client being required to complete counselling. After hearing Mr. Gauthier’s submissions the court granted our client the discharge. No criminal conviction.

R.L.

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Thanks again Michael for representing me on this case. I appreciate your efforts and the outcome. -R.L.

R. v. R.L. – New Westminster Supreme Court

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Charge: Sexual Assault.

Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to continue with the prosecution in this retrial after a deadlocked jury decision.

Result: upon considering all of Mr. Mines’ representations, Crown counsel entered a stay of proceedings. No jail. No criminal record.

R. vs. J.H. – Richmond Provincial Court

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Charge: Sexual Assault.

Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to continue with the prosecution in this retrial after a deadlocked jury decision.

Result: upon considering all of Mr. Mines’ representations, Crown counsel entered a stay of proceedings. No jail. No criminal record.