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Assault and Threatening Charges

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.

R. v. M.G. – Nanaimo Provincial Court

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Charges: Sexual Assault; Theft of Motor Vehicle x2; Break & Enter.

Issue: Whether or not it was in the public interest to proceed with the trial considering the reluctance oft the Crown’s central witness and rehabilitative steps we were able to guide our client through.

Result: Mr. Gauthier was able to provide information to Crown counsel that ultimately led to a stay of proceedings on all counts. No criminal record.

R. v. S.G. – Port Coquitlam Provincial Court

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Charges: Obstruct peace officer.

Issue: Whether it was in the public interest to continue with a criminal prosecution.

Result: Given our client’s remorse and rehabilitation, Mr. Gauthier was able to persuade Crown counsel to divert our client into the Alternative Measures Program and to withdraw the charge. No criminal record.

R. v. S.M. – Surrey Provincial Court

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Charges: Uttering Threats (domestic).

Issue: Given the circumstances of the incident and our client’s background, whether it was in the public interest to proceed with the charge.

Result: Considering our client’s unblemished history awaiting trial,  Mr. Gauthier was able to persuade Crown counsel to withdraw the charge. No criminal record.

R. v. S.S.M. – Vancouver Provincial Court

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Charge: Assault (domestic).

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

Result: Mr. Gauthier was able to provide relevant information to Crown on our client’s behalf which resulted in Crown entering a stay of proceedings. No criminal record.

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

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Charge: Assault with Weapon.
Issue: Whether the Crown could prove our client was the individual who committed the offence.
Result: Our client was charged with assaulting the victim with a sword. The sole issue at trial was whether Crown could prove the identity of the attacker.  After Mr. Johnston‘s cross-examinaton of the Crown witnesses at trial, the trial judge found that our client could not be identified on the video or by eyewitnesses. Not guilty. No criminal record.

R. vs. D.A. – Kelowna Provincial Court

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Charges: 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

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Charge: 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

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Charge: 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

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Charges: 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. M.P. – Vancouver Provincial Court

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Charges: 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.

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