Our Successes
Weapons Offences
R. v. J.C. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges, Weapons Offences/by Mike MinesCharges: Uttering a threat; Posession of a weapon (knife) for a dangerous purpose.
Issue: Given our client’s circumstances and the circumstances of the incident, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to provide Crown with background information about our client and the incident which caused Crown to conclude it was not in the public interest to continue the prosecution. Stay of proceedings. No criminal record.
R. v. K.B.K. – Vancouver Provincial Court
/in Assault & Threatening Charges, All Successes, Weapons Offences/by Mike MinesCharges: Assault with a Prohibited Weapon.
Issue: Given our client’s background, his rehabilitative success and the circumstances of the incident, whether there was a public interest in continuing with the prosecution.
Result: Mr. Mines was able to guide our client through counselling and was ultimately able to persuade Crown counsel to allow our client into the Alternative Measures Program. Upon our completion of Alternative Measures, Crown counsel entered a stay of proceedings, bringing this matter to an end. No criminal record.
R. v. S.B. – Vancouver Provincial Court
/in All Successes, Weapons Offences/by Mike MinesCharge: Carrying a Concealed Weapon.
Issue: Given the information Mr. Johnston was able to provide to Crown counsel regarding the circumstances of the incident and our client’s background, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Johnston persuaded Crown counsel that there was insufficient public interest, leading Crown to enter a stay of proceedings. No criminal record.
R. v. A.L. – Creston Provincial Court
/in All Successes, Weapons Offences/by Mike MinesCharge: Possession of a prohibited weapon for a dangerous purpose.
Issue: Given our client’s background and the context of the offence, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Mines was able to provide information to Crown counsel that culminated in Crown’s agreement to refer our client into the Alternative Measures Program. No criminal record.
R. vs. D.K. – Surrey Provincial Court
/in All Successes, Assault & Threatening Charges, Weapons Offences/by Mike MinesCharges: Assault; assault with a weapon; breach of undertaking (x2); attempting to take weapon from police.
Issue: Whether our client’s personal circumstances and positive rehabilitative steps made him a good candidate for a conditional discharge.
Result: Mr. Mines was able to persuade Crown counsel to proceed only on the common assault charge and to stay proceedings on the remaining four criminal charges. After hearing Mr. Mines’submissions, the Court granted our client a conditional discharge and placed him on probation for 12 months. No criminal conviction.
R. vs. M.J. – Atlin Provincial Court
/in All Successes, Weapons Offences/by Mike MinesCharges: Possession of Prohibited Firearms (x4); Smuggling; Deceptive Statement to Customs.
Issue: Whether jail was the appropriate sentence for our client who brought firearms and ammunition into Canada unlawfully.
Result: Mr. Gauthier was able to present Crown counsel with information about our client’s circumstances and the circumstances of the offence so that Crown revised its sentencing position to not seek jail. After hearing Mr. Gauthier’s submissions, the Court sentenced our client to a substantial fine and did not impose a firearm prohibition. No jail.
R. vs. A.M. – Port Coquitlam Provincial Court
/in All Successes, Weapons Offences/by Mike MinesCharges: Pointing a firearm; assault with a firearm.
Issue: Given the context of the offence and our client’s remorse and rehabilitation, whether a jail sentence was appropriate.
Result: Mr. Mines was able to direct our client through a course of counselling and was able to persuade Crown counsel to make a joint recommendation for a community based sentence rather than the 2 year jail sentence that was Crown’s original sentencing position. After hearing Mr. Mines’ submissions, the court granted our client an 18 month conditional sentence, followed by 12 months probation. No jail.
R. vs. B.S. – Vancouver Provincial Court
/in All Successes, Weapons Offences/by Mike MinesCharge: Assault with a weapon.
Issue: Given the relatively minor nature of the allegation, whether it was in the public interest for Crown to approve charges and to proceed with a criminal prosecution.
Result: Mr. Mines provided information to Crown counsel, culminating in Crown’s decision to not approve any charges byt, rather, to refer our client to the Alternative Measures Program. No criminal record.
R. vs. T.B. – Vancouver Provincial Court
/in All Successes, Weapons Offences/by Mike MinesCharges: Indecent Act; Assault With a Weapon; Possessing of a Weapon for Dangerous Purpose (x2); Robbery; Uttering Threats; Theft of Property of a Value not Exceeding $5,000.
Issue: Whether there was a substantial likelihood of conviction and whether it was in the public interest to proceed with prosecution of all counts; whether a jail sentence was appropriate.
Result: Mr. Johnston identified weaknesses in the evidence which persuaded the Crown there was no reasonable prospect of conviction on the Indecent Act charge. Mr. Johnston persuaded Crown counsel to resolve the case on three of the remaining counts and to stay all remaining charges. After hearing Mr. Johnston’s submissions regarding our client’s personal circumstances and his significant rehabilitation efforts, the Court agreed to release our client from custody and to place him on a probation order with conditions supporting his rehabilitation. No further jail time.
R. vs. T.A. – West Shore RCMP investigation
/in Property Offences, Weapons Offences/by Mike MinesCharge: Assault (Domestic).
Issue: Whether it was in the public interest for the Crown to proceed with a criminal prosecution.
Result: Mr. Gauthier provided information to Crown Counsel that convinced them not to approve charges against the client. No criminal prosecution. No criminal record.
R. vs. R.S. – Richmond Provincial Court
/in All Successes, Weapons Offences/by Mike MinesCharge: Breach of Probation (from weapons charge).
Issue: Whether there was a public interest in proceeding with the prosecution of our client who had failed to complete a course of court ordered counselling.
Result: Mr. Gauthier was able to steer our client through an equivalent course of counselling. Upon completion, Crown counsel stayed the proceedings. No criminal record.
R. vs. L.M. – Vancouver Provincial Court
/in All Successes, Weapons Offences/by Mike MinesCharges: Assault with a weapon; assault causing bodily harm.
Issue: Given elements of provocation, a potential defence of self-defence, and our client’s background as a vulnerable woman, whether it was in the public interest for Crown to continue the criminal prosecution.
Result: Mr. mines was able to persuade Crown counsel to enter a stay of proceedings upon our client successfully completing the Alternative Measures Program. No criminal record.
