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Assault and Threatening Charges

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

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Charges: Assault Peace Officer; Mischief Under $5000.

Issue: Whether it was in the public interest to proceed with criminal charges.

Result: Mr. Gauthier was able to  persuade Crown counsel to allow our client into the Alternative Measures Program and to enter a stay of proceedings on both charges upon our client completing the program. No criminal record.

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

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Charge: Mischief Causing Danger to Life.

Issue: Given the medical evidence Mr. Gauthier provided to Crown counsel, 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. No criminal record.

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

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Charges: Breaking & Entering; Unlawful Confinement; Assault.

Issue: Whether it was in the public interest for the prosecution to continue against our client, a U.S. citizen who was in Canada on a visitor’s visa.

Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on all charges upon our client agreeing to a Deportation Order. No criminal record.

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.

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