Entries by Mike Mines

R. vs. M.C. – Vancouver Provincial Court

Charges: Driving While Prohibited.

Issue: Whether it was in the public interest for Crown to proceed with the prosecution of this offence which carries a 12 month mandatory minimum driving prohibition.

Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser offence of driving without a valid licence. Our client received a $500 fine and a 30 day driving prohibition.

R. vs. M.L. – Surrey Provincial Court

Charges: Sexual Interference.

Issue: Whether the Crown could prove that our client sexually interfered with his niece.

Result: After a 6 day trial, Mr. Johnson was able to persuade the trial judge that there was reasonable doubt as to the complainant’s credibility and reliability. Not guilty. No jail. No criminal record.

R. vs. R.R. – Richmond Provincial Court

Charges: Theft Under $5000 (shoplifting).

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

Result: Mr. Mines was able to provide Crown counsel with information that led Crown to resolve this matter with a Caution Letter. No charges were approved. No criminal record.

R. v. C.C. – Surrey provincial Court

Charges: Impaired Driving, Dangerous Driving Causing Death.

Issues: Whether police breached our client’s Charter rights during the investigation; whether the court would accept the Crown’s sentencing submission.

Result: Mr. Mines was able to persuade Crown counsel that police breached our client’s right against an unlawful seizure of his breath samples. This resulted in the Crown’s inability to prove the Impaired Driving / Over .08 offences.  The Crown had originally been seeking up to 4.5 years jail, but sought a one year jail sentence on the Dangerous Driving Causing Death charge. After hearing Mr. Mines’ submissions, the court found that 5 months was the appropriate sentence.

R. vs. C.M. – Vancouver Provincial Court

Charge: Driving While Prohibited.

Issue: Whether it was in the public interest to proceed with the charge, which carries a one year mandatory minimum driving prohibition upon conviction.

Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser charge of driving without a valid drivers license. The court agreed with Mr. Mines’ submissions and imposed a fine but did not impose any driving prohibition.

R. vs. N.A. – Vancouver Provincial Court

Charges: Driving While Prohibited.

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

Result: Mr. Mines was able to persuade Crown counsel to allow our client to plead to the lesser offence of driving without a valid driver’s license. Rather than face a mandatory minimum 12 month driving prohibition, our client was sentenced to a fine. No driving prohibition.

 

R. vs. S.C. – Surrey RCMP Investigation

Charge: Theft/Fraud Over $5000.

Issue: Whether it was in the public interest to proceed with a criminal prosecution in this $400,000 fraud/theft from employer case.

Result: Mr. Mines was able to reach a civil settlement with the complainant and was able to persuade police to not forward any criminal charges. No criminal conviction; no jail.

R. vs. K.C. – Richmond Provincial Court

Charges: Fraud Under $5000; Possession of Stolen Property (from Employer).

Issue: Given our client’s circumstances and the circumstances of the offence, whether it was in the public interest to proceed with a criminal prosecution.

Result: Mr. Johnson was able to persuade Crown counsel to refer our client to Restorative Justice and the Alternative Measures Program and to stay the criminal charges upon completion. No criminal record.