** Exciting News! Mines & Company is now Gauthier & Mines Criminal Lawyers! Read More **
Charge: Criminal Harassment; Breach of a recognizance.
Issue: Whether it was appropriate to resolve this domestic harassment by ending the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to stay the criminal charges upon. our client entering into a Peace Bond for a period of 12 months. No criminal record.
Charge: Possession of child pornography.
Issue: Whether police would be able to prove that our client was the only person that had access to the IP address on which the unlawful material was downloaded.
Result: Mr. Mines provided information to the police investigator that led the investigator to close the file with no charges recommended against our client. No jail. No criminal record.
Charges: Assault; Uttering Threats.
Issue: Whether it was appropriate for the court to enter a conviction.
Result: Mr. Gauthier was able to steer our client through a course of rehabilitation and was able to persuade Crown counsel and the Court to grant our client a conditional discharge. No criminal conviction.
Charge: Breach of Probation (no contact).
Issue: Whether the Crown could prove that our client intended to breach the “no contact” order that he was subject to.
Result: Mr. Mines was able to persuade Crown counsel that our client bumped into the complainant accidentally. Crown counsel entered a stay of proceedings, bringing the matter to an end. No criminal record.
Charge: Insurance fraud under $5,000 investigation.
Issue: Whether it was in the public interest to proceed with criminal charges.
Result: Mr. Gauthier was able to negotiate civil repayment and obtained a civil Release, ensuring that the matter would end. No criminal charges.
Charge: Assault (domestic).
Issue: In light of the rehabilitative steps our client completed, whether there was a public interest in proceeding with this child discipline/assault case.
Result: Mr. Mines was able to rely on the extraordinary circumstances of the case and our client’s commitment to ongoing family counselling. He was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.
Charges: Failing to remain at the scene of an accident.
Issue: Whether our client was obligated to provide a possibly incriminating statement to the adjuster that could have led to criminal charges and a loss of insurance coverage.
Result: Mr. Mines was able to provide the required information to ICBC our client’s behalf. No charges were recommended. No loss of insurance coverage.
Charge: Sexual Assault.
Issue: The credibility and reliability of the complainant and our client who both testified in this historic sexual assault case.
Result: After 9 hours of deliberations, the jury was deadlocked and could not reach an unanimous decision. No conviction. The trial judge remitted the matter back to court to set a new trial.
Charge: Dangerous Driving Causing Bodily Harm.
Issue: Whether there was a substantial likelihood of a criminal conviction and whether it was in the public interest to proceed with a criminal charge.
Result: Mr. Johnson was able to persuade Crown counsel to proceed under the Motor Vehicle Act rather than the Criminal Code. After gearing Mr. Johnson’s submissions, the Court sentenced our client to a $100 fine and a 3 year driving prohibition. No criminal record. No jail.
Charge: Theft Under $5000 (shoplifting).
Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the investigating RCMP member to not forward criminal charges after we settled the matter civilly on our client’s behalf. No criminal record.
Charge: Assault
Issue: Whether our client should receive the same sentence as she did for a prior offence, or a more serious sentence resulting in a criminal record.
Result: Mr. Johnston persuaded the court that a conditional discharge was appropriate, even though our client had received a similar sentence for an earlier offence. The court accepted Mr. Johnston’s submission that the evidence showed our client’s actions were less serious than the complainant had claimed. No jail. No criminal record.
Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to continue with the criminal prosecution.
Result: Mr.Johnson was able to persuade Crown counsel to refer our client to the Alternative Measures Program and to enter a stay of proceedings. No criminal record.
