Charge: Sexual Assault; Unlawful Confinement.
Issue: Whether there was a reasonable likelihood of a conviction.
Result: By obtaining further relevant evidence through several successful disclosure requests, Mr. Johnson was able to persuade Crown counsel that there were no longer sufficient grounds for a prosecution. Stay of Proceedings. No criminal record.
Charge: Voyeurism.
Issue: Whether, given the circumstances of the offence and the rehabilitative steps our client had taken, whether it was necessary for the Court to enter a conviction.
Result: Upon considering Mr. Johnson’s submissions on our client’s behalf, the Court granted our client a Conditional Discharge and placed him on probation.
Charge: Sex Assault (investigation).
Issue: Whether Crown Counsel would approve charges against our client.
Result: We were able to steer our client through the investigation and ultimately persuaded Crown Counsel that, given the circumstances, there was no public interest in proceeding with a criminal prosecution. No charges approved. No criminal record.
Charge: Possession of Cocaine.
Issue: Whether the Crown could prove that our client had control over the drugs that were located near him.
Result: Upon considering our representations, Crown counsel concluded that there was insufficient evidence against our client and declined to approve a charge. No criminal record.
Charge: Possession of Child Pornography.
Issue: Whether the Crown could prove that our client had knowledge of the images that were sent by email to his computer.
Result: After reviewing the evidence and considering Mr. Mines’ representations, Crown Counsel declined to approve any charge in this matter. No criminal record.
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: 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: 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: Sexual Assault.
Issue: Whether key evidence would be admissible at trial due to police breaching our client’s Charter rights.
Result: Prior to the start of a 15 day trial, we were able to persuade Crown Counsel to drop the sex assault charge and to proceed on the much less serious offence of voyeurism. Rather than facing a lengthy jail sentence and a deportation order, our client was granted a three month Conditional Sentence and probation. No jail or deportation order.
Charge: Sexual Assault; Assault; Threatening.
Issue: Whether there was a substantial likelihood of a conviction.
Result: As a result of new information we provided, Mr. Mines was able to persuade Crown Counsel to enter stays of proceedings on all charges. No criminal record.
Charge: Sex Assault; Uttering Threats (x2).
Issue: Whether, given the information we urged Crown to consider, it was in the public interest to proceed with the prosecution.
Result: Mr. Johnson was able to persuade Crown Counsel to stay both criminal charges upon our client entering into a s. 810 “Peace Bond”. No criminal record.
Charge: Commit Indecent Act.
Issue: Whether our client had the necessary criminal intent for the offence and whether it was in the public interest to proceed with the charge.
Result: Mr. Johnson was able to persuade Crown Counsel to drop the criminal charge upon our client entering into a “Peace Bond”. No criminal record.
Gauthier & Mines Criminal Lawyers
The Marine Building355 Burrard Street, Suite 1550
Vancouver, B.C. V6C 2G8
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T: 604 688 1460
F: 604 687 3097
