Our Successes
The vast majority of our clients’ cases are resolved favourably.
R. v. M.G. – Nanaimo Supreme Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharges: Break and Enter; Sexual Assault.
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Gauthier was able to persuade Crown counsel that the Crown lacked the necessary evidence to gain a conviction. On the eve of the trial, Crown entered a stay of proceedings, bringing the matter to an end. No criminal record.
R. v. H.A.S. – Vancouver Provincial Court
/in All Successes, Sexual Offence Cases/by Mike MinesCharges: Sexual Assault (x4).
Issue: Given our client’s extensive progress with rehabilitation and the collateral consequences of a conviction, whether it was appropriate for our client to be granted a conditional discharge.
Result: After hearing Mr. Mines’ extensive submissions on our client’s behalf, the trial judge granted our client a conditional discharge rather than imposing a conviction which would have resulted in a deportation order.
R. vs. D.A. – Kelowna Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault with a Weapon; Obstruct Police Officer.
Issue: Despite the very serious nature of the offence (threatening to cause serious harm at knifepoint) whether a jail sentence was the appropriate sentence.
Result: Mr. Gauthier was able to direct our client through an intensive course of rehabilitation, and was ultimately able to persuade Crown counsel and the Court to grant our client a conditional sentece to be served in the community in a residential tratment facility. No jail.
R. vs. R.P. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Assault.
Issue: Given the extensive rehabilitation effort of our client, whether it was appropriate for the court to grant our client a conditional discharge.
Result: Mr. Mines was able to persuade the Court that provocation was a significant factor and that, despite kicking the complainant, the appropriate sentence was a discharge on condition of “no contact” for 12 months. No criminal conviction.
R. v. K.P. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Uttering Threats (reduced to Peace Bond).
Issue: Given the Charter issues that arose during our client’s arrest, whether it was appropriate to continue with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel that police had likely violated our client’s rights during his arrest and to proceed with a Peace Bond rather than the criminal charge. No criminal record.
R. vs. O.A. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Criminal Harassment (reduced to Peace Bond).
Issue: Given our client’s significant self-rehabilitation, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to end the criminal prosecution and to resolve the matter with a s. 810 Recognizance (“Peace Bond”). No criminal record.
R. vs. P.A.N. – West Vancouver Police Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharge: Fraud (from employer).
Issue: Given our client’s cooperation with authorities and willingness to repay the alleged misappropriated funds, whether it was in the public interest to proceed with criminal charges.
Result: Mr. Gauthier was able to persuade the police investigator to refer the file to Restorative Justice rather than arresting our client and recommending a criminal prosecution. No charge was approved. No criminal record.
R. vs. M.P. – Vancouver Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharges: Assault (reduced to Peace Bond).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest continue with a criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to proceed with a Peace Bond rather than the criminal assault charge. No criminal record.
R. vs. K.Q. – Richmond Provincial Court
/in All Successes, Property Offences/by Mike MinesCharge: Mischief to Property.
Issue: After Mr. Gauthier was able to facilitate making restitution on our client’s behalf, whether it was in the public interest to proceed with the criminal prosecution.
Results: Crown counsel accepted Mr. Gauthier’s representations and concluded the matter by entering a stay of proceedings. No criminal record.
R. vs. A.V. – Duncan Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Assault.
Issue: Given the information Mr. Johnston was able to provide to Crown counsel about our client’s circumstances and the significant rehabilitation steps we were able to guide him through, whether it remained in the public interest to continue with the prosecution.
Result: Crown counsel accepted Mr. Johnston’s representations and concluded the matter by entering a stay of proceedings. No criminal record.
R. vs. D.J. – Chilliwack Provincial Court
/in All Successes, Assault & Threatening Charges/by Mike MinesCharge: Assault (reduced to Peace Bond).
Issue: Given the rehabilitative steps we were able to guide our client through, whether a criminal prosecution was appropriate.
Result: Mr. Mines was able to persuade Crown counsel to proceed pursuant to a s. 810 Peace Bond, and to enter a stay of proceedings on the criminal charge. After hearing Mr. Mines’ submissions, the Court placed our client on the Peace Bond. No criminal record.
R. v. Q.C. – Insurance Fraud Investigation
/in All Successes, Theft & Fraud/by Mike MinesCharge: Insurance fraud over $5000 investigation.
Issue: Given our client’s rehabilitation and repayment of disputed funds, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the Insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.
