Charge: Mischief Under $5000.
Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier provided information about our client to Crown counsel and was able to persuade Crown that there was no public interest in prosecuting this matter. No charge approved. No criminal record.
Charge: Assault.
Issue: Whether this road rage incident was a criminal offence or a consensual fight.
Result: Mr. Johnson was able to present Crown counsel with video evidence which confirmed that the complainant had engaged in a consensual altercation. Stay of proceedings. No criminal record.
Charge: Assault Causing Bodily Harm.
Issue: Whether the 18 month jail sentence Crown had sought was reasonable in all the circumstances.
Result: Mr. Johnson provided information to the Crown and Court and ultimately persuaded the trial judge to sentence our client to a 7 month conditional sentence , followed ny 18 months probation. No jail.
Charge: Assault with a weapon.
Issue: Whether there was sufficient evidence to support a criminal prosecution.
Result: Mr. Johnson was able collect information from a defence witness and represent to police that our client should not be prosecuted. Police concluded their investigation without recommending any criminal charge against our client. No criminal record.
Charge: Assault with a Weapon.
Issue: Given the rehabilitative steps we directed our client to complete, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to not approve any charge prior to the scheduled first court appearance. No criminal record.
Charges: Possession of a loaded prohibited firearm; Unlawful storage of firearms.
Issue: Whether the warrant used to search our client’s premises was lawful; whether our client posed a risk to re-offend.
Result: Mr. Mines was able to point to potential flaws in the warrant and police search which culminated in Crown’s agreement to not pursue their original sentencing position of a 2-3 year jail sentence. Rather, the court accepted a joint submission of a 12 month conditional sentence with a curfew for the first six months. No jail.
Charges: Assault with a Weapon (x2).
Issue: Whether it was in the public interest for the court to grant our client a conditional discharge.
Result: Mr. Mines was able to direct our client through a course of rehabilitative counselling, and after hearing Mr. Mines’ submissions, the trial judge granted our client a conditional discharge. No criminal conviction.
Charges: Assault (domestic).
Issue: Given the rehabilitative steps that we were able to guide our client through, whether there was a public interest in continuing with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to amend the bail condition to allow “permissive contact” with the complainant, and after providing Crown with a report from our client’s psychologist Crown counsel ended the prosecution. Stay of proceedings. No criminal record.
CTV News: ‘Was this level of force necessary?’: Man hospitalized after police-dog takedown in Nanaimo VICTORIA — An unarmed man was sent to hospital after he was taken down by a police dog in Nanaimo, B.C., on Monday morning. An off-duty officer was out with his police dog at around 9:20 a.m., when he saw […]
Charges: Sexual assault; Unlawful Confinement; Assault by Choking.
Issue: Given the impact of the additional evidence that Mr. Johnson provided to Crown counsel, whether there was a substantial likelihood of a conviction.
Result: Crown counsel agreed that the new evidence significantly undermined the strength of the case. Crown counsel entered a stay of proceedings, bringing the prosecution to an end. No jail. No criminal record.
Thank you from both of us for helping S.D. with his case. Your professionalism, kindness, patience, and understanding is much appreciated. S.D. specifically asked me to thank you for your patience due to his not so good English and his explanations. We always knew you are an amazing lawyer and we can count on you. […]
Charge: Assault.
Issue: Whether it was appropriate for our client to receive a suspended sentence despite having two prior assault convictions.
Result: After hearing Mr. Mines’ submissions, the trial judge granted our client a suspended sentence with 12 months of ” non reporting” probation. No jail.
