Charge: Attempted Murder; Aggravated Sex Assault.
Issue: Whether Mr. Mines’ client was suffering from a mental disorder.
Result: After a five week Supreme Court trial, the judge accepted Mr. Mines’ submissions and found his client Not Criminally Responsible on account of mental disorder.
Charge: Sexual Assault; Sexual Interference.
Issue: Whether Mr. Mines’ client would be sentenced to jail in this breach of trust situation.
Result: Crown Counsel sought a jail sentence. After hearing Mr. Mines’ submissions on the Sex Assault charge, the trial judge granted Mr Mines’ client a six month Conditional Sentence, followed by probation. No jail.
Charge: Kidnapping; Unlawful Confinement.
Issue: What the appropriate sentence would be in the circumstances. The Crown sought a 2.5 – 3 year Federal Penitentiary sentence.
Result: Mr. Mines negotiated a disposition agreement with Crown Counsel. After hearing Mr. Mines’ submissions on his client’s behalf, the trial judge imposed a 9 month Provincial sentence. No probation.
Charge: Sexual Assault; Sexual Interference.
Issue: Whether there was a substantial likelihood of conviction.
Result: Upon considering Mr. Mines’ representations and considering the strength of its case, Crown Counsel decided to enter a Stay of Proceedings prior to the trial date. No criminal record.
Charge: Sexual Assault.
Issue: Whether it was in the public interest and whether there was a substantial likelihood of conviction.
Result: Mr. Mines was able to persuade Crown Counsel to enter a stay of proceedings on the criminal charge upon his client entering into a s.810 Recognizance (“Peace Bond”). No criminal record.
Charge: Importing Obscene Material into Canada; Possession of Child Pornography.
Issue: Whether, pending the investigation, it was appropriate for police to return Mr. Mines’ client’s seized passport to him.
Result: Mr. Mines was able to persuade police to return his client’s passport.
Charge: Internet Luring.
Issue: Whether the police investigator had sufficient evidence to recommend a criminal charge.
Result: Mr. Mines was able to provide the investigator with information on his client’s behalf which resulted in no criminal charge being approved.
Charge: Sexual Assault.
Issue: Whether police would recommend that charges be approved.
Result: Mr. Mines was able to steer his client through a police investigation which ultimately resulted in no charges being laid. No criminal record.
Charge: Sexual Assault.
Issue: Whether police would recommend that charges be approved.
Result: Mr. Mines was able to steer his client through a police investigation, which ultimately resulted in no charges being laid. No criminal record.
Charge: Sexual Assault; Sexual Interference.
Issue: Whether there was a reasonable likelihood of a conviction.
Result: After considering Mr. Mines’ representations and the lack of any corroborating forensic evidence, Crown Counsel entered a Stay of Proceedings. No criminal record.
Charge: Possession of Child Pornography; Importing Obscene Material.
Issue: Whether Mr. Mines’ client had knowledge of the contents of DVDs that he purchased in China and brought into Canada.
Result: After making submissions to police, Canada Border Service investigators and Crown Counsel, Mr. Mines’ client was not charged with any criminal or Customs Act offence. No record.
Charge: Sexual Assault.
Issue: Whether there was a reasonable likelihood of a conviction.
Result: After interviewing witnesses and considering Mr. Mines’ submissions on behalf of his client, Crown Counsel entered a stay of proceedings prior to the Preliminary Inquiry.
We were given the best gift just prior to Christmas. All my nephew’s charges were stayed! This was due to the exceptional counsel provided by lawyer Ian Gauthier of Mines and Company in Vancouver. His kindness, experience as a former corrections officer and his keen understanding of Canadian law resulted in the favorable outcome. This […]
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
