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Assault and Threatening Charges

R. v. N.H.M. – Vancouver Provincial Court

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Charges: Assault by choking; break and enter; theft under $5000 and breach of bail x2 (reduced to peace bond).

Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to continue prosecuting the criminal charges.

Result: Mr. Gauthier was able to persuade Crown counsel to enter stays. of proceedings on all criminal charges upon our client agreeing to a peace bond. No jail. No criminal record.

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

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Charges: Assault (domestic).

Issue: Whether there was a public interest in continuing with the prosecution.

Result: Mr. Mines first made successful application to vary the “no contact” bail condition which allowed our client to return to the family home. Ultimately, Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings, bringing the matter to an end. No criminal record.

R. v. C.B. – Surrey Provincial Court

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Charge: Assault (domestic).

Issue: Given the material Mr. Mines was able to provide to Crown counsel. whether it was in the public interest to proceed with the criminal prosecution.

Result: Our client pleaded not guilty to the criminal aasault charge and, after hearing Mr. Mines’ submission on our client’s behalf, the Court placed our client on a Peace Bond for a period of 12 months. No criminal record.

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

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Charges: Assault (domestic).

Issue: Whether or not it was contrary to the public interest for our client to be sentenced to a conditional discharge.

Result: Mr. Mines was able to steer our client through a course of rehabilitation. The Court granted our client the discharge and placed her on probation. No record of conviction.

R. v. A.Z. – Vancouver Provincial Court

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Charge: Assault (domestic).

Issue: Given information we provided to Crown counsel regarding our client’s background, the circumstances of the incident and the complainant’s wishes, whether there was a public interest in proceeding with the criminal prosecution.

Result: Mr. Gauthier was able to persuade Crown counsel to enter a stay of proceedings, bringing the case to an end.  No criminal record.

R. v. M.M. – Merritt Provincial Court

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Charges: Assault, breach of release order (x3)

Issue: Whether there was a reasonable prospect our client could be convicted of all charges at trial, and what the appropriate sentence would be.

Result: Mr. Johnston persuaded the Crown they were unlikely to prove most of the charges at trial given issues with the credibility and reliability of Crown witnesses and the fact our client had a valid defence to one of the charges. Our client pled guilty to one count of breach, which he had been prepared to admit from the outset, and the Crown directed stays of proceedings on all other counts. Given information Mr. Johnston provided about our client’s circumstances at the time of the offences and his rehabilitative efforts since, the Crown also  agreed to support a time-served sentence with no probation, even though our client had a lengthy criminal record and had recently been convicted of several breaches for which he had received far longer jail sentences. No further jail. No probation.

R. v. Y.T. – Richmond Provincial Court

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Charge: Assault; Assault by Choking.

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.K. – Vancouver Provincial Court

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Charges: Forcible Entry; Assault.

Issue: Given our client’s personal circumstances and the circumstances of the alleged incident, whether ther was a substantial likelihood of a conviction and whether it was in the public interest to proceed with the prosecution.

Result: Upon considering the information provided and representations made by Mr. Gauthier, Crown counsel directed a stay of proceedings, brining the matter to an end. no criminal record.

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.

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