Charge: Assault.
Issue: Whether it was in the public interest to continue with the prosecution.
Result: Mr. Mines was able to persuade Crown Counsel that our client was suitable for Alternative Measures. Upon completion of the program, Crown Counsel withdrew the charge. No criminal record.
Charge: 90 Day Immediate roadside Prohibition.
Issue: Whether or not police obtained valid breath samples from our client.
Result: We were able to provide evidence to the adjudicator that established that the breath machines had not been properly calibrated. The adjudicator agreed that no valid sample had been provided. Driving prohibition revoked. Our client was permitted to resume driving.
Charge: Possession of Marijuana.
Issue: Whether it was in the public interest to proceed with a criminal prosecution where our client was charged with possession of 5.5 ounces of marijuana.
Result: We were able to persuade Crown Counsel to allow our client into the Alternative Measures Program. Upon competion, the Court dismissed the charge. No criminal record.
Charge: Driving without a Licence; Driving Contrary to Restriction (driving with blood alcohol).
Issue: Whether our client’s Charter right to be tried within a reasonable time was violated.
Result: Crown Counsel agreed with Mr. Johnson’s submission that the delay was a Charter breach. Both charges were stayed. No driving record.
Charge: Theft Under $5000 (shoplifting).
Issue: Whether, given our representations to Crown counsel regarding our client’s lack of intention to steal, there was a reasonable likelihood of a conviction.
Result: Crown agreed to stay the charge prior to the matter being set down for trial. No criminal record or any other sanction imposed.
Charge: Assault with a Weapon; Possession of a Dangerous Weapon; Uttering a Threat.
Issue: Whether the Crown could prove aggravating factors; whether the complainant had provoked our client to threaten him with a machete.
Result: We were able to persuade Crown to proceed only on the lesser offence of Uttering a Threat. After hearing Mr. Mines’ submissions, the Court granted our client a 30 day conditional sentence and 12 months probation, and not the jail sentence the Crown had originally sought.
Charge: Sexual Assault.
Issue: Whether Crown could prove that the complainant did not consent to the sexual activity in question.
Result: On the eve of a 10 day trial, Mr. Johnson was able to persuade Crown counsel that there was no substantial lilelihood of conviction. In the circumstances Crown entered a stay of proceedings upon our client entering into a Peace Bond. No criminal record.
Charge: Theft Under $5000 (shoplifting).
Issue: Whether it was in the public interest to proceed with the criminal charge.
Result: Mr. Mines was able to persuade Crown counsel to allow our client into the Alternative Measures progream without any charge being approved. No criminal record.
Charge: Sexual Interference.
Issue: Whether the Crown could prove that our client did not take reasonable steps to ascertain the age of the complainant.
Result: Upon completion of a 5 day trial, the trial judge agreed with our submissions that the Crown failed to prove its case. Not guilty. No criminal record.
Charge: Assault.
Issue: Whether there was credible evidence that would amount to criminal conviction.
Result: After considering Mr. Mines’ representations, Crown counsel concluded that there was no substantial likelihood of a conviction and declined to approve any charge. No criminal record.
Charge: Driving While Prohibited.
Issue: Whether our client would receive the mandatory minimum 12 month driving prohibition.
Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser offence of driving without a licence. Our client was sentenced to a $1000 fine. No driving prohibition.
Charge: 24 Hour Driving Prohibition (for alcohol).
Issue: Whether there was sufficient proof that our client was the driver.
Result: The adjudicator agreed with Mr. Mines’ submission that the police had not proved that our client had care or control of the vehicle. Driving prohibition revoked and removed from our client’s driving record.
Thank you for settling our case peacefully. We dealt with Patrick Johnson with Mines and Company. I recommend Mr Johnston for those who are struggling with a family case. I also found the fees very affordable. I was very afraid to approach this company and worried about how to handle this case, but Mr Johnston […]
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
