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.
Charge: Theft Under $5000 (from employer).
Issue: Whether it was in the public interest to proceed with a criminal charge.
Result: Our client made restitution to the complainant and, in the circumstances, Mr. Mines was able to persuade police to treat the case as a civil file. No criminal charges were forwarded. No criminal record.
Charge: Posession of Child Pornography; Luring a Child.
Issue: Even though police concluded that no charges would be forwarded to Crown counsel, our client remained classified as a “suspect” and the incident was therefore viewable as a Police Information Record.
Result: Mr. Johnson was able to persuade police that our client was not, in law, chargeable with an offence. In the result, the record was made non disclosable. No police record.
Charge: Assault with a Weapon (domestic).
Issue: Whether there was a substantial likelihood of a conviction.
Result: After considering Mr. Mines’ submissions, Crown agreed that there was no substantial likelihood of a conviction. Stay of Proceedings. No criminal record.
Charge: Assault with a Weapon; Forcible Confinement.
Issue: Whether there was a substantial likelihood of a conviction.
Result: After considering Mr. Mines’ submissions, Crown Counsel agreed that its case was weak and there was no substantial likelihood that our client would be convicted. Stay of Proceedings. No criminal record.
Charge: Driving While Prohibited (MVA).
Issue: Whether our client would be sentenced to the mandatory minimum 12 month driving prohibition.
Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser charge of Driving without a Valid License. The court imposed a $500 fine. No driving prohibition.
Charge: Review of 90 day Administrative Driving Prohibition.
Issue: Whether the investigating police officer had complied with the requirements of the Motor Vehicle Act.
Result: Upon considering Mr. Mines’ submissions, the adjudicator agreed that the police report to the Superintendent was flawed. In the result, the driving prohibition was revoked and our client was permitted to resume driving.
Charge: Possession of a controlled substance.
Issue: Whether the marijuhana was possesed for the purpose of trafficking or was for personal use.
Result: Mr. Johnson was able to persuade Crown that the 5 ounces of marijuhana was for personal use and, given our client’s circumstances, to allow him into the Alternative Measures Program. No criminal record.
Charge: Assault (domestic).
Issue: Whether there was a substantial likelihood of a conviction.
Result: Based on the complainant’s initial inconsistent statement, Mr. Mines was able to persuade Crown counsel to not proceed with the charge. Stay of proceedings. No criminal record.
Charge: Theft Under $5000; Fraud Under $5000 (from employer).
Issue: Whether a jail sentence was warranted in the circumstances.
Result: Despite having a prior record for a similar offence, our client took rehabilitatve steps which allowed us to persuade Crown counsel to not seek jail. After hearing Mr. Mines’ submissions, the court granted her a six month conditional sentence with no house arrest or curfew.
Charge: Review of Driving Prohibition.
Issue: Whether it was reasonable for our client to be prohibited for 5 months.
Result: Mr. Johnson was able to persuade the adjudicator to reduce the driving prohibition to 3 months.
Charge: Theft Under $5000; Assault.
Issue: Whether it was in the public interest for the Crown to continue with the criminal prosecution.
Result: Notwithstanding that our client was accused of assaulting the loss prevention officer that apprehended her for shoplifting, we were able to persuade Crown to allow our client into the Alternative Measures Program. No charge approved. 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
