Charges: Assault; Uttering Threats ( domestic).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Gauthier was able to provide information to Crown counsel on our client’s behalf which resulted in Crown deciding to enterr a stay of proceedings on both charges. Stay of proceedings. No criminal record.
Charges: Assault of a Peace Officer.
Issue: Whether it was in the public interest for our client to be granted a discharge for his actions in spitting in the face of an RCMP officer at the Vancouver Airport.
Result: Mr. Gauthier presented information to the Court and after hearing his submissions, the Court granted our client a conditional discharge. No criminal record.
Charge: Theft Under $5000.
Issue: Whether Crown could prove the number and value of the electronic devices they alleged our client stole from his workplace.
Result: Mr. Mines was able to persuade Crown counsel to allege that the theft involved only 7 devices worth only $1000. After hearing Mr. Mines submissions, the Court granted our client a conditional discharge. No criminal conviction.
Charges: Aggravated assault; possession for the purpose of trafficking.
Issue: Whether it was reasonable for police to seek detention and forfeiture of our client’s vehicle as “proceeds of crime.”
Result: Mr. Mines was able to successfully persuade the RCMP officer that our client did not intend for her vehicle used as an “instrument of unlawful activity” and to return the vehicle to her. No forfeiture.
Charges: Criminal harassment; Distributing intimate images without consent.
Issue: Whether the Crown could prove the circumstantial evidence they sought to rely on and whether jail was the appropriate sentence.
Result: Mr. Gauthier was able to convince Crown counsel to not rely on much of the aggravating evidence and, on our client’s guilty plea to not seek a jail sentence. After hearing Mr. Gauthier’s submissions, the Court granted our client a suspended sentence with probation. No jail.
Charge: Assault (domestic).
Issues: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to provide information to Crown counsel that resulted in Crown electing to stay the proceedings and to end the prosecution. No criminal record.
Charge: Assault with a weapon.
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Mines was able to provide information to Crown counsel which resulted in Crown deciding to end the prosecution not approve any charges. No criminal record.
Charges: Assault.
Issue: Whether there was a substantial likelihood of obtaining a criminal conviction and whether it was in the public interest for police to recommend charges.
Result: Mr. Gauthier was able to provide information to police whic resulted in police closing their investigation. No charges recommended. No criminal record.
Charge: Assault (Domestic).
Issue: Whether it was in the public interest for the Crown to proceed with a criminal prosecution.
Result: Mr. Gauthier provided information to Crown Counsel that convinced them not to approve charges against the client. No criminal prosecution. No criminal record.
Charge: Sexual Assault (reduced to common assault.)
Issue: Whether Crown counsel could prove that our client touched the complainant for a sexual purpose.
Result: Mr. Mines was able to persuade Crown counsel that our client did not intend to touch the complainant in a sexual manner. The Crown agreed to proceed on the lesser charge of common assault and, after hearing Mr. Mines’ submissions, the Judge granted our client a conditional discharge. No criminal conviction. No jail. No sex offender registry.
Charge: Assault Causing Bodily Harm.
Issue: Whether it was in the pubic interest for our client to be sentenced to a conditional discharge for this offence which resulted in a serious facial cut to the complainant.
Result: Mr. Mines was able to steer our client through a course of rehabilitation and, after hearing Mr. Mines’ submissions, the Judge granted our client a conditional discharge. No conviction. No jail.
Charges: Assault; Assault with a Weapon, Breach of a Release Order.
Issue: Whether our client could be released on bail given Crown’s concerns for his willingness to attend court and potential to commit further offences.
Result: Mr. Johnston was able to persuade the Judge to release our client on the least onerous conditions.
Mr. Gauthier is incredibly responsible and truly cared about my girlfriend’s case and a speedy resolution. He helped us achieve a very satisfying result, Crown didn’t approve the charges. Overall, I would recommend him to anyone who is trying to find a criminal lawyer. Mr. Gauthier, please accept our deepest appreciation.
-S.K.
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 […]
