Charge: Assault Causing Bodily Harm.
Issue: Whether the complainant and the Crown witnesses gave reliable and crdible evidence at trial.
Result: After vigorous cross examination, the trail judge accepted Mr. Gauthier’s submissions that Crown counsel had failed to prove its case. Not guilty verdict. No criminal record.
Charge: Assault (domestic).
Issue: Whether the information police provided to Crown counsel would cause Crown to conclude there was a substantial likelihood of obtaining a conviction.
Result: Mr. Mines provided information to Crown on our client’s behalf. He was able to persuade Crown that our client was in fact the victim of an assault and was acting in self defence. No charges were approved. No criminal record.
Michael is a consummate professional and an experienced lawyer and law firm. Helped me with my issues and made sure we considered everything coming from the prosecution. A pretty fair overall charge for my case.
-J.G.
Charges: Criminal Harassment (domestic).
Issue: Whether our client’s mental state was such that Crown counsel could prove that she had the necessary level of intent to be convicted of a criminal offence.
Result: Mr. Gauthier was able to provide our client’s medical documentation to Crown which resulted in Crown deciding not to proceed with the prosecution. Stay of proceedings. No criminal record.
Charges: Driving while prohibited (MVA).
Issue: Whether the delay in approving the charge was relevant to our client’s right to a speedy trial.
Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser offence of driving without a valid driver’s licence. Rather than a 12 month driving prohibition and 10 penalty points, our client was sentenced to a 3 month driving prohibition and received only 3 penalty points.
Charges: Sexual assault.
Issue: Whether or not the acts complained of were consensual or not, and whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Mines provided further information to th einvestigator on our client’s behalf that ultimately led to police declining to recommend any criminal charges. No charge was approved. No criminal record.
Charges: Assult (domestic).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest for Crown counsel to continue the criminal prosecution.
Result: Based on the information Mr. Mines provide regarding our client, Crown directed a stay of proceedings bringing the matter to an end. No criminal record.
Charges: Fraud; misrepresentation.
Issue: Whether it was in the public interest to proceed with a criminal investigation and prosecution.
Result: Mr. Gauthier was able to negotiate a civil settlement on our clients’ behalf resulting in an end to the matter. No police investigation. No criminal record.
Charges: Assault (x2).
Issue: Whether our client was involved in a consensual fight; used reasonable force in defending himself, or was guilty of two counts of assault.
Result: At the conclusion of a three day trial and hearing Mr. Gauthier’s submissions on our client’s behalf, the trial judge found our client not guilty on both counts. No jail. No criminal record.
Charges: Criminal Harassment.
Result: Mr. Gauthier was able to provide the police investigator with information about our client and the circumstances of the incidents that led to the discontinuation of the investigation. File closed. No criminal charges recommended.
Charge: Theft Under $5000 (from employer).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was contrary to the public interest for the court to grant our client a conditional discharge.
Result: Crown counsel’s position was that our client should be sentenced to jail but after considering our client’s positive pre-sentence report and Mr. Mines’ submissions on our client’s behalf, the court granted a conditional dischege. No criminal conviction.
Charge: Assault (domestic).
Issue: Given the rehabilitative steps we were able to guide our client through, whether there was contrary to public interest for our client to be granted a conditional discharge.
Result: Mr. Gauthier was able to persuade Crown to not proceed on a breach of bail allegation; to agree to not seek forfeiture of our client’s firearms, and to make a joint submission for a conditional discharge with probation. No criminal conviction.
