Charge: Possession of a controlled substance (cocaine).
Issue: Whether our client would be convicted of the charge.
Result: Contrary to Crown Counsel’s sentencing position, after hearing Mr. Mines’ submissions, the court granted our client an Absolute Discharge. No permanent criminal record.
Charge: Sex Assault.
Issue: Whether there was sufficient evidence against our client to recommend a charge.
Result: Mr. Johnson was able to steer our client through the police investgation which concluded with no charges being recommended. No criminal record.
Charge: Aggravated Assault.
Issue: Whether our client would be sentenced to jail.
Result: Rather than the jail sentence that Crown Counsel had originally sought, Mr. Johnson was able to persuade Crown to proceed on the lesser offence of Assault Causing Bodily Harm and, after hearing our submissions, the court granted our client an 8 month conditional sentence to be served in the community. No jail.
Charge: Assault (domestic).
Issue: Given the rehabilitative steps our client had taken on his own initiative, whether it ws in the public interest to proceed with the criminal charge.
Result: Mr. Mines was able tp persuade Crown Counsel to stay the criminal charge upon our client entering into a Peace Bond. No criminal conviction; no criminal record.
Charge: Assault (domestic).
Issue: Given the rehabilitative steps our client had taken on his own initiative, whether it was in the public interest to proceed with the criminal charge.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings.
Charge: Driving While Prohibited.
Issue: Whether it was in the public interest to proceed with the charge given the circumstances of the case.
Result: Mr. Mines was able to persuade Crown Counsel to proceed on the lesser offence of driving without a valid driver’s license. Rather than the mandatory minimun 12 month driving prohibition, our client received a driving prohibition of only one month.
Charge: Robbery with an Imitation Firearm.
Issue: Whether Crown could prove that our client was a party to the robbery and weapons offences.
Result: Mr. Mines was able to persuade Crown Counsel that our client had no knowledge of his co-accused’s actions. Crown proceeded on the lesser offence of Assault Causing Bodily Harm and, after hearing Mr. Mines’ submissions, the court sentenced our client to a 12 month period of probation. No jail.
Charge: Sexual Interference; Sexual Assault.
Issue: In the circumstances of this historic “breach of trust” sexual interference against a minor, whether our client would be sentenced to jail.
Result: Mr. Mines was able to persuade Crown that there was strong proof of only one incident of sexual misconduct. After hearing Mr. Mines’ submissions, the court granted our client a 12 month conditional sentence followed by 18 months probation.
Charge: Assault; Transportation Fraud.
Issue: Whether it was appropriate for convictions to be entered against our client.
Result: Mr. Mines was able to convince the Crown and the Court that because of the steps our client had taken with respect to rehabilitation, it was appropriate to grant a conditional discharge. No conviction.
Charge: Driving Without Due Care and attention.
Issue: Whether the Crown could prove that our client, who was not found in the vehicle, was actually the driver.
Result: The charge was dismissed prior to the commencement of trial. No conviction. No driving prohibition.
Charge: Possession of Cocaine.
Issue: Whether it was in the public interest for our client to be granted a discharge.
Result: Mr. Mines was able to provide evidence and submissions to the court which resulted in the court granting an absolute discharge. No criminal conviction.
Charge: Possession of a Weapon for a Dangerous Purpose.
Issue: Whether, given the background of our client and the circumstaces of the offence, it was in the public interest to proceed with the charge.
Result: Mr. Johnson was able to persuade Crown Counsel to stay the charge upon our client successfully completing Alternative Measures. No criminal record.
Michael, is a consummate professional and an experienced lawyer and law firm. Helped me with my issues and also made sure we considered everything coming from Prosecution. And a pretty fair overall charge for my case.
Hats off to our Ian Gauthier and all other contributors and editors of the newly published CanLii Criminal Law Ebook! Read Ian’s chapter on victim participation: Ebook- Sentencing
