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Assault and Threatening Charges

R. v. J.C. – Vancouver Provincial Court

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Charges: 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. G. A.G. – Vancouver Provincial Court

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Charge: Assault (domestic).

Issue: Whether there was a substantial likelihood of a conviction in this case.

Result: Mr. Mines was able to persuade Crown counsel that, given the lack of cooperation by the complainant, that there was no prospect of a conviction. Crown counsel did not approve any charges and, on Mr. Mines’ representations, agreed to cancel the scheduled court date and to direct police to cancel our client’s Undertaking to Appear. No criminal record.

R. v. H.K. – Port Coquitlam Provincial Court

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Charge: Assault.

Issue: Whether it was in the public interest to proceed with a criminal prosecution in this “road rage” case.

Result: Mr. Mines was able to provide information to Crown counsel about our client’s personal circumstances and the circumstances of the incident which resulted in Crown staying the charge after our client completed Alternative Measures. No criminal record.

R. v. J.S. – North Vancouver Provincial Court

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Charges: Uttering Threats (x3).

Issue: Whether or not our client was entitled to be sentenced to a conditional discharge rather than being convicted of this offence.

Result: Upon hearing Mr. Gauthier’s submissions on our client’s behalf, the Court granted our client a conditional discharge rather than entering a conviction. No criminal record.

R. v. S.G. – Surrey Provincial Court

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Charges: Assault; Mischief.

Issue: Given the rehabilitative steps that we guided our client through and advocating on her behalf that there was a reasonable self defence issue, whether there was a substantial likelihood of securing a conviction.

Result: Mr. Gauthier was able to persuade Crown counsel that there was no substantial likelihood of a conviction. Ultimately Crown entered a stay of proceedings. No criminal conviction. No criminal record.

R. v. K.B.K. – Vancouver Provincial Court

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Charges: 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. C.B.S. – Richmond Provincial Court

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Charges: B&E; Assault; Distribute Intimate Images.

Issue: Whether the Crown could comply with a defence disclosure request and possibly face a Charter application to have charges stayed due to unreasonable delay.

Result: On the eve of the trial, Mr. Mines was able to persuade Crown to allow our client to plead guilty to the least serious charge, assault by slapping. Crown nonetheless sought a conviction and probation but, after hearing Mr. Mines’ submissions, the trial judge granted our client a conditional discharge. No criminal conviction.

R. v. V.L. – Vancouver Provincial Youth Court

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Charge: Assault.

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

Result: After providing Crown counsel with our client’s  positive psychological counselling report, Mr. Gauthier  was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.

R. v. C.J.X. – Richmond Provincial Court

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Charges:  Assault with a Weapon.

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

Result: After providing Crown counsel with our client’s  positive psychological counselling report, Mr. Gauthier  was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.

R. v. B.E. – Surrey Provincial Court

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Charges: Assault (domestic) x2.

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

Result: Mr. Mines was able to provide information to Crown counsel on our client’s behalf and ultimately persuaded Crown to enter a stay of proceedings. No criminal record.

R. v. D.S. – Whitehorse Yukon Territorial Court

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Charge: Section 810 Recognizance (Peace Bond) Application.

Issue: Whether the Informant could prove her allegations on a balance of probabilities.

Result: After Mr. Gauthier’ communications with the Informant, she declined to advance the case and, on the day of the trial, the court withdrew the Application. No record.

R. v. Q.D.T. – Vancouver Provincial Court

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Charge: Assault.

Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to continue the criminal prosecution.

Result: Mr. Gauthier was able to persuade Crown counsel to allow our client into the Alternative Measures program. Upon completion of Alternative Measures, Crown enteresd a stay of proceedings. No criminal record.

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