Tag Archive for: Assault

R. vs. S.G. – North Vancouver Provincial Court

Charges: Assault (x2).

Issue: Whether our client was involved in a consensual fight; used reasonable force in defending himself, or was guilty of two counts of assault.

Result: At the conclusion of  a three day trial and hearing Mr. Gauthier’s submissions on our client’s behalf, the trial judge found our client not guilty on both counts. No jail. No criminal record.

R. vs. W.J.M. – Port Coquitlam Provincial Court

Charge: Assault.

Issue: Given the rehabilitative steps we were able to guide our client through, whether there was a public interest in proceeding with a criminal prosecution.

Result: Upon presenting Crown counsel with a psychological report regarding our client’s low risk to commit a similar act, Mr. Gauthier was able to persuade Crown to not approve any criminal charges whatsoever. No prosecution. No criminal record.

R. vs. K.L. – North Vancouver Provincial Court

Charges: Assault.

Issue: Given the information we provided to Crown counsel on behalf of our client, whether  it was appropriate to proceed with a criminal prosecution.

Result: Mr. Gauthier was able tp persuade Crown counsel that this matter did not meet the charge approval standard. Croen elected to not approve any charges. No prosecution. No criminal record.

R. vs. B.K. – Port Coquitlam Provincial Court

Charge: Assault.

Issue: Whether it was in the public interest for our client to be granted a conditional discharge.

Result: Mr. Gauthier was able to persuade Crown counsel to make a joint submission without the necessity of our client being required to complete counselling. After hearing Mr. Gauthier’s submissions the court granted our client the discharge. No criminal conviction.

R. vs. D.B. – Port Coquitlam Provincial Court

Charge: Assault.

Issues: Given the information Mr. Johnson provided to Crown counsel, whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed with the prosecution.

Result: Mr. Johnson was able to persuade Crown counsel to stay the criminal charge. No criminal record.

R. vs. W.F. – Richmond Provincial Court

Charge: Assault.

Issue: Whether this road rage incident was a criminal offence or a consensual fight.

Result: Mr. Johnson was able to present Crown counsel with video evidence which confirmed that the complainant had engaged in a consensual altercation. Stay of proceedings. No criminal record.

R. vs. S.D. – Vancouver Provincial Court

Charge: Assault.

Issue: Whether it was appropriate for our client to receive a suspended sentence despite having two prior assault convictions.

Result: After hearing Mr. Mines’ submissions, the trial judge granted our client a suspended sentence with 12 months of ” non reporting” probation.  No jail.

R. vs. V. P. – Vancouver Provincial Court

Charges: Assault, Uttering Threats.

Issue: Given the context of this threatening and assault by spitting offence, whether it was appropriate for our client to be convicted.

Result: Mr. Gauthier provided additional information to the Crown and the Court about our client and was able to persuade the judge to grant our client a conditional discharge. No criminal conviction.

R. vs. G.M.G. – Vancouver Provincial Court

Charges: Assault; Theft Under $5000.

Issue: Whether our client was acting to defend his spouse when he physically engaged with the complainant.

Result: Mr. Mines was able to provide further evidence to Crown counsel which persuaded Crown that there was no substantial likelihood of a conviction. Complete stay of proceedings. No criminal record.

R. vs. J.T. – Surrey Provincial Court

Charges: Assault; Resist /Obstruct Police.

Issue: Whether there was a substantial likelihood of a conviction and whether there was a public interest in proceeding with the charges.

Result: Mr. Johnson provided Crown with additional information regarding the alleged facts of the assault complaint and the excessive force used by police in arresting our client.  Ultimately Mr. Johnson persuaded Crown counsel to stay the proceedings on both charges. No criminal record.

R. vs. C.F. – Port Coquitlam Provincial Court

Charge: Assault (reduced to s. 810 Peace Bond).

Issue: Given the rehabilitative steps we were able to guide our client through, whether it was appropriate for Crown to proceed.

Result: Mr. Mines was first able to persuade Crown to proceed on a Peace Bond application rather than the criminal assault charge. He was then able to persuade Crown to withdraw its Peace Bond application. No criminal record.

R. vs. Z.H. – Port Coquitlam Youth Court

Charge: Assault Causing Bodily Harm.

Issue: Whether, given the history between our client and the complainant, it was reasonable for our client apply  the level of force he used.

Result: Mr. Johnson was able to persuade Crown to not approve any criminal charge but, rather, to resolve the matter through Restorative Justice. No criminal record.