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Assault and Threatening Charges

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. vs. J.S. – Surrey Provincial Court

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Charge: Assault

Issue: Whether our client should receive the same sentence as she did for a prior offence, or a more serious sentence resulting in a criminal record.

Result: Mr. Johnston persuaded the court that a conditional discharge was appropriate, even though our client had received a similar sentence for an earlier offence.  The court accepted Mr. Johnston’s submission that the evidence showed our client’s actions were less serious than the complainant had claimed. No jail. 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.

R. vs. A.C. – 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 proceed with the criminal prosecution.

Result: Mr. Gauthier was able to persuade Crown counsel to enter a stay of proceedings upon our client completing the Alternative Measures Program. No criminal Record.

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

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Charges: Aggravated assault; assault with a weapon.

Issue: Given the information Mr. Johnson was able to provide to Crown counsel, whether it was appropriate to continue with the prosecution on the approved charges.

Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser charge of assault causing bodily harm. After hearing Mr. Johnson’s submissions on our client’s behalf, the trail judge sentenced our client to a suspended sentence with 24 months probation. Our client was able to avoid a lengthy jail sentence.

R. vs. D.B. – Port Coquitlam Provincial Court

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Charge: Assault.

Issues: Given the information Mr. Johnson provided to Crown counsel, whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed with the prosecution.

Result: Mr. Johnson was able to persuade Crown counsel to stay the criminal charge. No criminal record.

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

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Charge: Assault (choking).

Issue: Given the information Mr. Gauthier provided to Crown counsel, whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed with the prosecution.

Result: Mr. Gauthier was able to persuade Crown counsel to stay the criminal charge upon our client entering into a Peace Bond. No criminal record.

R. vs. E.D. – North Vancouver Provincial Court

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Charges: Assault (domestic).

Issue: Given the information we were able to provide to Crown counsel, whether it was appropriate to continue with the criminal prosecution.

Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings upon our client being placed on a peace bond. No criminal record.

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

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Charge: Assault with a weapon (domestic).

Issue: Given the history of past police interventions involving allegations against the complainant, whether it was in the public interest to proceed with the prosecution against our client.

Result: Mr. Mines provided a psychological report and was able to persuade Crown that there were elements of “battered woman syndrome”. This resulted in Crown counsel entering a stay of proceedings. No jail; no criminal record.

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