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Assault and Threatening Charges

R. vs. L.A. – New Westminster Provincial Court

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Charge: Breach of Probation (from domestic assault charge).

Issue: Whether it was in the public interest to prosecute our client for failing to report and complete counselling.

Result: Mr. Gauthier was able to guide our client back onto an alternative course of rehabilitation and persuaded Crown counsel to enter a stay of proceedings. No criminal conviction.

R. vs. M.K. – Richmond Provincial Court

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Charges: Uttering Threats; Extortion.

Issue: Given the age of the charges and the rehabilitative steps our client had taken, whether a jail sentence was appropriate.

Result: Mr. Mines was able to persuade Crown counsel to seek a non custodial sentence. After hearing Mr. Mines’ submissions, the Court granted our client a suspended sentence and placed him on probation for 16 months. No jail.

R. vs. K.A. – Western Communities Provincial Court

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Charge: Assault (domestic).

Issues: Given the information we provided to Crown counsel regarding the complainant’s past unlawful behaviour toward our client, whether there was a substantial likelihood of a conviction.

Result: As a result of the information we provided, Crown counsel withdrew the charge. No further bail restrictions. No criminal record.

R. vs. E.S. – Vancouver Provincial Court

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Charges:  Assault (by choking); Mischief.

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. Gauthier was able to provide information including our client’s counselling records to crown counsel and persuaded Crown to enter a stay of proceedings. No criminal record.

R. vs. S.S. – Richmond RCMP Investigation

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Charge: Criminal harassment.

Issue: Whether there were reasonable and probable grounds to believe that our client had committed a criminal offence.

Result: Mr. Mines was able to provide police with video and text message records that caused the investigator to conclude that a criminal prosecution was not appropriate. No charge was approved.

R. vs. R.C. – Surrey Provincial Court

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Charge: Criminal Harassment; Breach of a recognizance.

Issue: Whether it was appropriate to resolve this domestic harassment by ending the criminal prosecution.

Result: Mr. Gauthier was able to persuade Crown counsel to stay the criminal charges upon. our client entering into a Peace Bond for a period of 12 months. No criminal record.

R. vs. D. K. – Vancouver Provincial Court

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Charges: Assault; Uttering Threats.

Issue: Whether it was appropriate for the court to enter a conviction.

Result: Mr. Gauthier was able to steer our client through a course of rehabilitation and was able to persuade Crown counsel and the Court to grant our client a conditional discharge.  No criminal conviction.

R. vs. T. F. – Surrey Provincial Court

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Charge: Breach of Probation (no contact).

Issue: Whether the Crown could prove that our client intended to breach the “no contact” order that he was subject to.

Result: Mr. Mines was able to persuade Crown counsel that our client bumped into the complainant accidentally. Crown counsel entered a stay of proceedings, bringing the matter to an end. No criminal record.

R. vs. A.M. – Vancouver Provincial Court

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Charge: Assault (domestic).

Issue: In light of the rehabilitative steps our client completed, whether there was a public interest in proceeding with this child discipline/assault case.

Result: Mr. Mines was able to rely on the extraordinary circumstances of the case and our client’s commitment to ongoing family counselling. He was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.

R. v. J.D. – Richmond 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 with the criminal prosecution.

Result: Mr.Johnson was able to persuade Crown counsel to refer our client to the Alternative Measures Program and to enter a stay of proceedings. No criminal record.

R. vs. W.W. – North Vancouver Provincial Court

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Charge: Assault.

Issue: Given the information Mr. Gauthier was able to provide to the RCMP investigator, whether it was in the public interest to proceed with a criminal prosecution.

Result: Based on the information Mr. Gauthier provided, the investigating officer directed that our client be referred to Restorative Justice, rather than to Court. No charge was approved. No criminal record.

R. vs. H.S. – Vancouver Provincial Court

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Charge: Assault causing bodily harm.

Issue: Given the information Mr. Gauthier provided to Crown counsel, whether it was in the public interest to proceed with the criminal prosecution.

Result: Crown stayed the proceedings upon our client entering into the Alternative Measures Program. No criminal record.

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